I am divorced with a separation agreement that states that I pay child support based on the Child Support Guidelines. I have just found out that I will be laid off indefinitely next Friday April 17th. I immediately contacted my ex-wife to let her know that I will be unable to pay child support until I get another job. I explained that I am already looking and that either by EI benefits or another job, or jobs that I would pay her once again as stated in the Child Support Guidelines. I received a call from her saying that I can't just do that and there is a protocol for this. What protocol?
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The protocol is to seek to have the order varied relative to your present income.
You could start the motion to vary prior to the lay off (to avoid arrears) and ask that the courts set the dates for when CS will be reduced due to the lay off.
I would suspect that the courts would set CS based on your EI amounts until you gain another job.
At which time you would again have to ask the courts to vary CS.
If the ex was more co-operative you simply could do this without the orders but seeing as she is being difficult you will need an actual court order to change the CS amount even temporarily.
Perhaps you could again ask for a variance in CS relative to your actual income, the laws are very clear on this. CS is geared to income period!
If you explain this perhaps she too would come to understand that it is OK to make temporary changes until you get a new job. Of if the new job too is not the same income as the previous one she'll have to accept that CS will change. It is not just a case of increasing that is OK. She has to accept that there will be times when it will decrease as well in these economic times.
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Thankyou for your response. I will try and discuss this with my ex this evening. I would like to think that we can do this without wasting the courts time, and money. It was my understanding that Child Support Guidlines when followed provide us a legal basis for people to follow. Whether we believe the guidelines are fair or not (especially when your ex makes almost double your income). Thankyou for confirming my beliefs and the steps I will need to take if my ex will not understand. Too all those in my children's and my situation, I hope life becomes kind too you.
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Originally posted by dmbranks View Post...I immediately contacted my ex-wife to let her know that I will be unable to pay child support until I get another job.
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I don't want to take this off track, but I was in court recently and despite the fact that my income has dropped fairly significantly, the judge was adamant that I pay CD and S.7 based off last years income.
Do you know of any precedents I can cite to show that it's based on current income, not last years income?
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OntarioDad,
My partner always pays his CS based on the last years earnings.
It was always set very early in the year based on his final pay-stub.
This year there will be a change to July 1st as last year Spousal was reduced and CS adjusted for that time.
The Judge felt that a July 1st - July 1st cycle will reflect will the actual tax assessment from Rev. Canada.
The Child Tax Credit and GST are done this way also.
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Originally posted by Suchislife View PostOntarioDad,
...The Judge felt that a July 1st - July 1st cycle will reflect will the actual tax assessment from Rev. Canada.
The Child Tax Credit and GST are done this way also.
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So if you adjust once per year as suggested, loose your job, live on your line of credit, incurr interest charges on your line of credit, are you then entitled to receive the overpayment back the next year? (and what about covering half the cost of your interest charges on the line of credit once you base your CS payment on this years total income?)
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Originally posted by dmbranks View PostSo if you adjust once per year as suggested, loose your job, live on your line of credit, incurr interest charges on your line of credit, are you then entitled to receive the overpayment back the next year?...
Originally posted by dmbranks View Post... (and what about covering half the cost of your interest charges on the line of credit once you base your CS payment on this years total income?)
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