Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Reply
 
Thread Tools
  #1  
Old 12-20-2013, 11:19 AM
Ames Ames is offline
Member
 
Join Date: Dec 2010
Posts: 60
Ames is on a distinguished road
Default CS from the under or unemployed?

Can someone give me insight into the benefits of pursuing CS through legal channels if the parent in consideration is unemployed?

For perspective, he is employable (fully able-bodied with 2 college diplomas), however, he has a long history of unemployment or underemployment. We, at one point, had drawn up our own separation agreement where he agreed to pay table amounts of child support. He did not hold to this agreement.

Is it worth the headache even if it's likely to not lead to support? Is there a benefit to establishing that you have done your due diligence in trying to secure support for your children? Is the likely fallout worth it?
Reply With Quote
  #2  
Old 12-20-2013, 11:33 AM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,697
arabian will become famous soon enough
Default

I see you were on this forum as far back as 2010.

You would therefore know that in order to enforce your SA you would have to register with FRO.

From your previous posts you indicate the father of your children is chronically unemployed.

You would also know that the court can impute a wage for someone who is unemployed.
Reply With Quote
  #3  
Old 12-20-2013, 11:42 AM
OrleansLawyer OrleansLawyer is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,789
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
Can someone give me insight into the benefits of pursuing CS through legal channels if the parent in consideration is unemployed?
How is he supporting himself?

FRO can garnish EI, tax returns and other government money.
Reply With Quote
  #4  
Old 12-20-2013, 11:51 AM
Ames Ames is offline
Member
 
Join Date: Dec 2010
Posts: 60
Ames is on a distinguished road
Default

Yes, I came here in 2010 initially. After joining, he moved local to us and got a job, and he began parenting 50/50. In June of this year, he moved 8 hours away and bought a house with his girlfriend. He quit his job here to move and says he cannot find a new job. The last time that I asked him what his plans were for work and child support, he was belligerent with me (yelling and swearing) and accused me of harassment. He does not think that we need him to pay because he thinks that my husband makes a lot of money.

To my knowledge, he does not receive EI because he quit his job and he is not on welfare. His girlfriend works and supports him, as I understand.

I avoid confrontations like this even when I know that I need to have them. I get anxious about things like registering with FRO.

Your advice is to go ahead? Even if he will become more difficult to deal with? I am worried about the impact on the kids.
Reply With Quote
  #5  
Old 12-20-2013, 11:52 AM
Ames Ames is offline
Member
 
Join Date: Dec 2010
Posts: 60
Ames is on a distinguished road
Default

Do I give him a head's up that I am going to pursue this legally, or do I just do it?
Reply With Quote
  #6  
Old 12-20-2013, 12:16 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough
Default

You can file a motion for support and ask that he be imputed an income. You can attempt to get it set at the money he was making at his last job. If that fails you should be able to get him imputed with at a minimum of a full-time minimum wage salary. Which I believe is around $24,000.
Reply With Quote
  #7  
Old 12-20-2013, 12:18 PM
Ames Ames is offline
Member
 
Join Date: Dec 2010
Posts: 60
Ames is on a distinguished road
Default

Ok.

I feel so anxious about all of this. He will be furious.
Reply With Quote
  #8  
Old 12-20-2013, 12:24 PM
blinkandimgone's Avatar
blinkandimgone blinkandimgone is offline
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,411
blinkandimgone is a jewel in the roughblinkandimgone is a jewel in the roughblinkandimgone is a jewel in the rough
Default

Yup, he will be. But it isn't your problem that supporting his kids makes him angry. If he truly feels he is not obligated to pay, he can take it to court and see if he can get a judge to agree with him.

Do not let him intimidate you out of doing the right thing for your kids.
Reply With Quote
  #9  
Old 12-20-2013, 12:35 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough
Default

Do you know how much he made when he was working full-time?
Reply With Quote
  #10  
Old 12-20-2013, 12:47 PM
Ames Ames is offline
Member
 
Join Date: Dec 2010
Posts: 60
Ames is on a distinguished road
Default

No, I don't know how much. It was a huge ordeal to get him to disclose his income before when we did up our separation agreement. I don't think he made a lot, but I am not sure.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
X running up lawyer fees for me and she is recently unemployed andagain Financial Issues 5 02-22-2011 09:27 PM
X refusing to communicate and running up legal bills also recently unemployed andagain Divorce & Family Law 2 02-21-2011 06:00 PM
CP unemployed and wants more section 7's got2bkid Financial Issues 1 11-16-2009 08:20 PM
Offer to Settle Child Support - Is This Fair? #1StepMom Divorce & Family Law 4 10-27-2009 07:50 AM
Rules for Child Support during Unemployment? jennw Financial Issues 7 01-24-2006 11:19 AM


All times are GMT -4. The time now is 07:31 AM.