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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-16-2020, 04:39 PM
justlens justlens is offline
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Default Fired from my Job - Should I try to lower Child Support?

Hi guys,

So I was fired from my job due to the stress that built up due to all the legal crap going on in my life and had to serve 90 days in jail because of my actions...

I was making $70,000 a year and now I am not able to get a job because my "weekends" serving time is Thursday and Friday (every week for 8 months) and my Access Schedule is Every Second Weekend and Monday and Wednesday evenings until 8pm. Essentially I only have a consistent Tuesday every week for work and Mon & Wed mornings.

I've applied to two temp agencies and they have given letters to me (which I plan to use in court) stating my schedule is not good to get any kind of work as its too spotty and Thursday and Fridays of not being available is an issue (obviously).

Currently I receive $343 from Ontario Works per month.

I currently pay $900 a month for daycare and child support on $0 income and have been paying this for the past 6 months, eating into my savings.

My question is: Would I be able to get my child support reduced (even to something like $200/month or is it likely I will have my income imputed and not any change at all? Does anyone here have experience with this? Please feel free to ask questions if this isn't enough to clarify my question.

Thank you,
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Old 02-16-2020, 05:16 PM
rockscan rockscan is offline
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You could file to have your child support reduced but you would need to prove you are looking for work. Have you tried speaking to your ex?

Other questions of note: are you with an enforcement agency like FRO in Ontario? How long ago was your agreement/order for support? What are the updating words in it? Does this conviction impact your parenting ability (ie is your ex going to argue for supervised access)? Are you able to work once you are done serving your time?
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Old 02-16-2020, 05:22 PM
justlens justlens is offline
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Quote:
Originally Posted by rockscan View Post
You could file to have your child support reduced but you would need to prove you are looking for work. Have you tried speaking to your ex?

Other questions of note: are you with an enforcement agency like FRO in Ontario? How long ago was your agreement/order for support? What are the updating words in it? Does this conviction impact your parenting ability (ie is your ex going to argue for supervised access)? Are you able to work once you are done serving your time?
My ex wouldnít ever agree to the idea. She makes me fight for every inch. I am with FRO. My latest order via a Settlement Conference was September 2019. I donít have any ďupdating wordsĒ but Iím not entirely sure what that means. My conviction has F&CS having my parents supervise my time but no time has been reduced and it seems F&CS is on the way out of the picture soon as they have done all they can and Iím not in need of supervision. I am able to work when Iím done, yes.

Thank you for your quick reply.
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Old 02-16-2020, 06:23 PM
rockscan rockscan is offline
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If you think you will be working when you are done then I would leave it as is even though it is eating your savings. The reason being that when you update after your taxes are filed next year, your income will go down and you can save money that way.

If you simply canít do it then you will need to file a motion but I donít think you will get very far since your current situation is a result of your improper actions. A lot of people have stress from divorce, they donít end up in jail for it.
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Old 02-18-2020, 11:32 AM
justlens justlens is offline
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Quote:
Originally Posted by rockscan View Post
If you think you will be working when you are done then I would leave it as is even though it is eating your savings. The reason being that when you update after your taxes are filed next year, your income will go down and you can save money that way.

If you simply canít do it then you will need to file a motion but I donít think you will get very far since your current situation is a result of your improper actions. A lot of people have stress from divorce, they donít end up in jail for it.
By next year do you mean this spring? Or wait until next year to bring a motion? Also, can you bring a motion after Trial has completed to adjust such things?

Thank you for your time.
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Old 02-18-2020, 11:53 AM
rockscan rockscan is offline
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Your income for 2019 wonít be impacted by a firing in the last two weeks. It will impact your 2020 income though.

Getting fired wasnít something you could have foreseen in your previous matter unless you knew about your issues and/or conviction. If you do file a motion to change now then by the time your income goes up you will be seen by a judge. They may simply apply the overpayment to future support.
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Old 02-18-2020, 11:57 AM
justlens justlens is offline
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Quote:
Originally Posted by rockscan View Post
Your income for 2019 wonít be impacted by a firing in the last two weeks. It will impact your 2020 income though.

Getting fired wasnít something you could have foreseen in your previous matter unless you knew about your issues and/or conviction. If you do file a motion to change now then by the time your income goes up you will be seen by a judge. They may simply apply the overpayment to future support.
I was fired last Fall, September 31, 2019 though. Would that make a difference?

Ah ok, that is a possibility then? Interesting, I didn't realize that courts would potentially do that.
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