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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-12-2010, 08:32 PM
Underdog Underdog is offline
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Default Retraining costs

My ex quit her $75,000 a year job in favour of a $20,000 a year part-time job. I'm unemployed (on EI) and going through retraining for the next 12 to 18 months.

Can I ask my ex for help in paying for the retraining costs or even spousal support until retraining is done, when it seems likely that she will have primary residence of our joint custody child ?
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Old 07-13-2010, 12:27 AM
logicalvelocity logicalvelocity is offline
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Lol,

How about OSAP. It's your education.
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Old 07-13-2010, 06:23 AM
standing on the sidelines standing on the sidelines is offline
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hmm you want her to pay you SS when she is the one looking after your child and with you on EI your CS is probably next to nil?? Whyshe would quit such a nice paying job I do not understand but by you asking from money from her, that is taking money away from the support of your child.

My husbands friend had his retraining paid for by EI.
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Old 07-13-2010, 06:40 AM
Underdog Underdog is offline
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My ex quitting her job was purely strategic, so a judge would ask the same question you asked and she would get out of paying SS.

Had I quit my job and intentionally became under employed, I would have been penalized by the court and had my income imputed.

I couldn't get my retraining paid by EI due to recent cancellation of such programs, due to significant increase in the numbers of unemployed people in Ontario (almost doubled in the last 2 years) and lack of government resources.

OSAP will only consider helping out full time students in certain programs. My part-time study program is not one of them.

In earlier settlement offer letters, I offered shared parenting, where I would take care of our daughter during my ex's work hours, until I finish my retraining and get a job, but she refused and after mat leave didn't go back to her high paying job.

I do believe, however, that she didn't compeltely quit her job. According to empoyment laws, your employer is required to hold on the new mother's position a year after mat leave, in case she decided to take an unpaid year off after mat leave.

In a year's time, after she gets what she wants in court, she will quietly go back to her $75,000 a year job.
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Old 07-13-2010, 08:16 AM
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Quote:
Originally Posted by standing on the sidelines View Post
hmm you want her to pay you SS when she is the one looking after your child and with you on EI your CS is probably next to nil??
I paid SS when I had the kids and my ex was on disability insurance from her job. She paid a pittance in CS due to her low income. Net effect was that I was giving her $700/mth.
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Old 07-13-2010, 08:17 AM
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You can still have an income imputed to her if she is intentionally underemployed. And you s/b arguing for more parenting time, not just accepting her refusal.
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Old 07-13-2010, 10:07 AM
Underdog Underdog is offline
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My application:

Custody: Joint with primary residence with the ex

Access: ex will leave our child with me during her work hours (3days a week) + visitation on alternate weekends. (Saving her having to pay daycare expenses)

Child Support: 1 year moratorium on Child Support until my retraining is over, and I'm able to get a decent job. (or $195/mo based on EI benefits)

Spousal Support: $75,000 (imputed ex income) - $23,000 (my EI benefits) = $52,000 x 40% = $20800 or $1730 gross per month.

I have yet to file it. Please let me know what you guys/gals think ?
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Old 07-13-2010, 10:47 AM
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I think you're way out to lunch expecting to get $1730 in SS per month. As it is, you aren't far off from 45% of her NDI, so you won't get much.

How long were you together?
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Old 07-13-2010, 10:57 AM
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We were together for 10 years.

How do you calculate NDI (Net Disposable Income) ?
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Old 07-13-2010, 11:14 AM
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I found this regarding NDI :
Family Law Toronto :: Family Law - Spousal Support :: www.familylawtoronto.com

WITH CHILD SUPPORT
The With Child Support formula is more complicated and some lawyers are critical of the illustrations provided in the Advisory Guidelines. Be that as it may, the formula is as follows:

(1) Determine the individual net disposable income (INDI) of each spouse:

* Guidelines Income minus Child Support minus Taxes and Deductions = Payor's INDI. Note that scheduled fee deductions do not include contributions to private pension plans or RRSPs whether or not such contributions are mandatory.

* Guidelines Income minus Notional Child Support minus Taxes and Deductions Plus Government Benefits and Credits = Recipient's INDI

(2) Add together the individual net disposable incomes. Determine the range of spousal support amounts that would be required to leave the lower income recipient spouse with between 40 and 46 percent of the combined INDI.

It is important to note that the range of support will be affected by the issues mentioned earlier (age, illness, etc.), in addition to the number of children, their ages and any special needs which demand consideration. A lower standard of living in the household where the children reside would probably push the support to the higher range. The length of the marriage will also be a factor although it will not determine the amount of support as in cases Without Child Support.

DURATION OF SPOUSAL SUPPORT IN CASES WITH CHILD SUPPORT
Spousal support determinations in cases With Child Support basically follow the model for longer marriages of more than 10 years. The formula is different for shorter marriages, which are basically defined as marriages where the period of time until the youngest child finishes high school is greater than the length of the marriage. In such cases, the support order would be indefinite subject to review; the date of review would be tied to the age of the children at the date of the initial order as follows:

a) If the youngest child is in preschool there would be a review no later than the month after the child begins full-time school; or
b) If the youngest child is under 12, then no later than the month after the child reaches age 12. The maximum duration for spousal support would be the date when the last or youngest child finishes high school. For shorter marriages the maximum duration for spousal support would be the date when the last child finishes high school.


OTHER FACTORS AFFECTING SPOUSAL SUPPORT CALCULATION
It should be noted that there is a ceiling on income of $350,000 above which the percentages can be reduced to generate a lower percentage on income shared at that level. There is also a floor of $20,000 below which no support would be payable.
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