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  • I would also consoder changing 'as planned' to 'as agreed.'.

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    • I used all of your suggestions. I'm completely open to anymore criticisms/suggestions...they're extremely helpful.
      Hi _____,

      It has been 8 months since our final order, at which time you had assured the judge you were seeking employment. We signed an agreement on mutual consent to switch to the offset Child Support system when that happened. This has not happened as agreed.

      To avoid having to go back to court to resolve this issue, I would like to propose that we remove paragraph 22 and 26 which currently reads:

      Paragraph 22: “The Applicant shall pay to the Respondent Child Support in the amount of $___ per month based on the Applicant’s gross annual income of $_____”.

      Para 26: “The Respondent is currently seeking employment. Once the Respondent is employed full time for over 30 days, she shall provide to the Applicant evidence of her income, and the child support shall be modified using the offset approach”.

      I propose that an income of $23,712 ($11.40/hour minimum wage) be imputed to you if you do not have full-time employment by November 1st, 2016.

      I propose replacing the above 2 paragraphs with ones which read:

      “The form of parenting will be shared parenting as described in Section 9 of the Federal Child Support Guidelines. The form of child support will be offset.

      And

      “The Applicant’s Child support based on his previously disclosed 2015 income of $____ would remain $___/Month, and the Respondent’s Child support would be $190/Month based on an imputed minimum wage income of $23,712/year. Using the offset approach, the Applicant will pay the Respondent $170/month.”

      I also propose that we reassess our situation in 6 months.

      (This means that $360-$190 = $170 would be what I paid you monthly going forward until you acquire full time employment).

      Please let me know your response by October 1st/2016. If we cannot resolve this issue between ourselves by that time, I will be commencing a court application, which is something I would like to avoid.

      Comment


      • Don't make it a conversation. Make it an offer to settle. This reads as if you are seeking input on what your are proposing. Keep the conversation out of the offer and put that in a letter and attach the offer in accordance with the Rules. Your offer to settle should stand independent of the narrative. Don't blend it.

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        • Originally posted by Tayken View Post
          Don't make it a conversation. Make it an offer to settle. This reads as if you are seeking input on what your are proposing. Keep the conversation out of the offer and put that in a letter and attach the offer in accordance with the Rules. Your offer to settle should stand independent of the narrative. Don't blend it.
          You know? I was thinking the exact same thing. It contains all the content I need, but just doesn't read as formal or how a lawyer would construct it.

          Either way, she's just going to spit on it and begin building her case .. but I'll stick to the factual stuff and leave conversational jargon out.

          Thanks.

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          • Originally posted by LovingFather32 View Post
            You know? I was thinking the exact same thing. It contains all the content I need, but just doesn't read as formal or how a lawyer would construct it.

            Either way, she's just going to spit on it and begin building her case .. but I'll stick to the factual stuff and leave conversational jargon out.

            Thanks.
            If you want to make it more serious. When you send over the offer in the covering letter attach the Application and Notice of Motion that you are going to file by date X if she doesn't respond to the offer to settle. In your notice of Motion just put the exact thing you want ordered and put your argument in the Application. You don't have to file it. Simply ask her to either sign the offer you sent or supply a reasonable counter offer or provide you her available dates to attend the Case Conference. :P

            Hell you can even do your Form 13 and attach it. Show you are ready to go upon the failure of the settlement process.

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            • Interesting pick up today. Ex went on about how she's trying to find work .. and can't seem to get call backs. She said she went into Gatineau and everything.

              BS .... I went out and found a second job right away. This is a bilingual, educated woman.

              How awkward it will be to send that offer now. Arrgh
              Last edited by LovingFather32; 09-02-2016, 02:56 PM.

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              • sounds like she is reading this forum

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                • ^ ditto

                  She's playing you...

                  It's really irrelevant though. You have to have the conversation/communication. the longer you put it off the more and more she can legitimately say her education is dated and she has been out of the workforce too long.

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                  • Yea she may be reading this .. dont care. She may "think" she's playing me. lol

                    All I know is that she's been off vacationing in QC all summer ... not seeking employment with her full weeks off. Job opportunities are rampant.

                    I didn't really reply to her "cant find work" stuff. SO MANY places are hiring its ridiculous..and she would get first dibs with her education background and bilingualism.

                    We'll see what she says with the OTS. Hey Im offering to settle this out of court. I cant pay for her to stay on Welly her whole life can I?...I have a life too.

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                    • I figure Ill get that OTS out in the next few days. I already know she'll disagree with it all and say what she said to my face...that there are no jobs in Gatineau or Ottawa that will call her back.

                      I'm back to FT work and will be forced to work another job to keep my head above water in the meantime.
                      I mentioned that D5's school had contacted me asking if I was interested in working extended day programs mornings and nights.....she said it wasn't enough hours.

                      I hope she knows that Im collecting all available job postings and that Tim Hortons and McDonalds hire every day.

                      Can she really just hop in to the court room with her resume and a possible job search and say she cant find work?..case closed?

                      Anybody have any extra tips/ideas/suggestions? Im pretty confident in my case but I dont want to miss anything.

                      Comment


                      • Originally posted by LovingFather32 View Post
                        I figure Ill get that OTS out in the next few days. I already know she'll disagree with it all and say what she said to my face...that there are no jobs in Gatineau or Ottawa that will call her back.

                        I'm back to FT work and will be forced to work another job to keep my head above water in the meantime.
                        I mentioned that D5's school had contacted me asking if I was interested in working extended day programs mornings and nights.....she said it wasn't enough hours.

                        I hope she knows that Im collecting all available job postings and that Tim Hortons and McDonalds hire every day.

                        Can she really just hop in to the court room with her resume and a possible job search and say she cant find work?..case closed?

                        Anybody have any extra tips/ideas/suggestions? Im pretty confident in my case but I dont want to miss anything.
                        I think it's important to come at this from the approach that you're not asking her to find work, though you do believe it is available to someone of her qualifications. You're just asking to have her income imputed to minimum wage at the least, so that you can stop subsidizing her ability to remain unemployed with full table child support. As the previous judge intended.

                        Comment


                        • Originally posted by LovingFather32 View Post
                          I figure Ill get that OTS out in the next few days. I already know she'll disagree with it all and say what she said to my face...that there are no jobs in Gatineau or Ottawa that will call her back.

                          I'm back to FT work and will be forced to work another job to keep my head above water in the meantime.
                          I mentioned that D5's school had contacted me asking if I was interested in working extended day programs mornings and nights.....she said it wasn't enough hours.

                          I hope she knows that Im collecting all available job postings and that Tim Hortons and McDonalds hire every day.

                          Can she really just hop in to the court room with her resume and a possible job search and say she cant find work?..case closed?

                          Anybody have any extra tips/ideas/suggestions? Im pretty confident in my case but I dont want to miss anything.
                          Just don't come off as it's any of your business, it really is not. At the end of the day, no one will be able to predict what the judge will decide. The judges discretion is huge.

                          Just simply ask for minimum wage to be imputed to her and leave it at that. let her argue her side and let the judge rule. It's good that you are saving all job postings - you could see which ones she applied to and which ones she ignored. I think she will have to provide her job search activity and OW should also have something about her job search activity (OW should be helping her find a job) - perhaps you could ask for those records.

                          Be careful about taking on another job, it will effect your availability to spend time with your child and also effect child support table amount - she can have your new gross salary imputed and if you ever give up the second job you will still be expected to earn the same amount.

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                          • I sent you a private message. Have that stuff back pocket. Maybe look at cases on canlii where a wage was imputed.

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                            • Originally posted by Rioe View Post
                              You're just asking to have her income imputed to minimum wage at the least, so that you can stop subsidizing her ability to remain unemployed with full table child support. As the previous judge intended.
                              That's some slick wording .. I agree. I feel like by not going to court Im enabling her to stay on our wonderful Welfare system .. when she has no reason to be there anymore.

                              Originally posted by trinton View Post
                              I think she will have to provide her job search activity and OW should also have something about her job search activity (OW should be helping her find a job) - perhaps you could ask for those records.
                              Good point. I also have to serve OW whatever I serve her, which may serve as a catalyst for an investigation (or closer monitoring).

                              Originally posted by rockscan View Post
                              I sent you a private message. Have that stuff back pocket. Maybe look at cases on canlii where a wage was imputed.
                              Yes, thanks for all that great info Rock. I appreciate it.

                              I also found this thread on ODF to be pretty helpful. http://www.ottawadivorce.com/forum/f...ployment-5930/

                              I also feel like D5 is starting to be curious. She asks why some women don't work and if men are stronger and better at things. Breaks my heart. She now says she wants to become a nurse like my g/f is very soon to becoming (Oct). D5 is starting to grow and learn about occupations ... it would so healthy to see her mom have one.

                              Think Ill go delve in to some more caselaw.
                              Last edited by LovingFather32; 09-07-2016, 09:20 PM.

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                              • Be careful with the gender stuff. My partners kids think women have to be controlling powerful people and men are subservient. Messed up them and messed up him living with that.

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