Paying Full Table CS with 50/50 Shared Parenting

[SadAndTired]

I don't understand. If it seems so cut and dry, then take her to court.

You are receiving the same advice from the same posters. There is no need for more hand holding. You feel confident that you will create a change through court, do it.

[standing on the sidelines]

I say still take it to court and you probably wont get it switched to offset right away but you will get a deadline set for when it will switch to offset.

Before you were all gung-ho about court, now you are backing down a bit it seems. You really need to get a game plan. You already know your ex will hold off working as long as possible so court will be your only option. The sooner you get this before a judge, the sooner a deadline gets set and the sooner you will get it changed.

[LovingFather32]

Actually, the way my partners lawyer explained it, it doesnt matter what the agreement says or material change in circumstances. His ex could file an order for support at any time or a motion to change an element of their agreement. The question would be whether or not his ex could be successful. As his lawyer put it, my partner would then need to prove his employment search and his efforts to find work to support his children. Period.

LF32s ex will have to show shes been looking. She will also have to show her efforts from when they signed the agreement. Recall she said she was either looking or would find work. If she hasnt even been looking then she will be scrutinized accordingly. In this day and age, its not a case of just handing out resumes. You can submit online. And when she argues that she doesnt have internet, the next logical question is why arent you going to the library like all other job seekers. My local libraries also offer job search assistance and the unemployment center recommends specific librarians to speak to.

Many great points here. Mimics what I read in case law also. Thanks Rock.

[LovingFather32]

I say still take it to court and you probably wont get it switched to offset right away but you will get a deadline set for when it will switch to offset.

Totally agree that it might not get done right away .. but I'd consider a deadline a win for sure and worth the court date.

[LovingFather32]

To be eligible for welfare:

be willing to make reasonable efforts to find, prepare for and keep a job (unless you have specific circumstances that temporarily prevent you from doing so, such as an illness or caregiving responsibilities)Ontario Works

Also,

Ontario Works Act, 1997
(a) purpose of Act
[35] The essential purpose of the Ontario Works Act, 1997, S.O. 1997, Chapter 25, Schedule A (“Act”) is to provide “temporary financial assistance to those most in need while they satisfy obligations to become and stay employed:” see Act, s. 1

Its been almost 3 years now of milking.

[rockscan]

The bottom line is every parent has an obligation to support their child. EVERY parent. Not just moms, not just dads. My partner got two shitty part time jobs to make ends meet when his EI ran out while looking for work. He had a lot of help from me, his friends and several family members. On days he had a break between both jobs he went to the unemployment center. He had his resume reviewed. He went to job fairs. He did aptitude tests. He saw a job counselor. And he continues to watch job boards. He could say screw it and be a deadbeat but he knows his kids deserve better.

Your ex was told her lies werent cutting it. Several times. A judge sat across from her and told her to get a bloody job. Yes you filed an agreement on consent but one party agreed and didnt follow through. Thats bad faith. She doesnt have any excuse for not finding work even part time. Even if you get a deadline attached thats a win.

[trinton]

I know what you mean. I know a girl who has a dead beat ex and sole custody. She works full time and Welfare still gives her a "top-off" for her bills. That's a situation I tend to agree with.

Already tried the "Hows the job search going". No reply and told me at exchange she can't fin any work here nor in Gatineau. So I'm contemplating venturing another route. Why not just ask her to impute her to min. wage (temporarily until she finds F/T employment in her field), switch to offset...and Welfare will still "top her off". It's a win win for her too no? With no need for court crap. I just need some good wording. Or...I'm dreaming.

You've already asked and she ignored your response. Leave it at that. There are tons of jobs available. Perhaps she is looking for a dream job and won't apply full time at a fast food restaurant - they hire people like hot cakes.

Your next option is to bring a motion for child support, stating that mother has had more than reasonable amount of time for employment but has failed to do so and you request minimum wage to be imputed. She will have to respond and will more than likely need to state her job search efforts.

Have your case conference and see what vibe you get from the judge. The judge will either allow your motion to continue or will state you're being unreasonable at which point you could withdraw and pay her costs. It's a risk that I would take.

[LovingFather32]

The bottom line is every parent has an obligation to support their child. EVERY parent. Not just moms, not just dads.

YOU BET!!
The Drygala test states this:

[14] Imputing income is one method by which the court gives effect to the joint and ongoing obligation of parents to support their children. In order to meet this obligation, the father must earn what he is capable of earning. If he fails to do so, he will be found to be intentionally under-employed. Clause 19(1)(a) of the guidelines is perceived as being a test of reasonableness. The court must have regard to the father’s capacity to earn income in light of such factors as employment history, age, education, skills, health, available employment opportunities and the standard of living earned during the parties’ relationship.
http://www.canlii.org/en/on/oncj/doc...&resultIndex=1

My ex has a responsibility to wean herself off of Welfare and earn what she's capable of earning. She's worked full time for our entire 8 year relationship, is healthy, bilingual, educated..the whole nine yards. Also, in nearly ALL caselaw I've read it was to vary a final order dealing with CS.

You've already asked and she ignored your response. Leave it at that. There are tons of jobs available. Perhaps she is looking for a dream job and won't apply full time at a fast food restaurant - they hire people like hot cakes.

I really really hope she comes in saying shes looking for better than McDonald's. EVERY case Ive read where a party tried that got slammed by the judge hard. A job's a job...period.

Your next option is to bring a motion for child support, stating that mother has had more than reasonable amount of time for employment but has failed to do so and you request minimum wage to be imputed. She will have to respond and will more than likely need to state her job search efforts.

I have one scheduled for late Oct. All my materials are done, stamped and ready..even my financial statement. All that's left is an OTS then court. I was just trying to make sure there was nothing else I should be doing to avoid court.

Your ex was told her lies weren't cutting it. Several times. A judge sat across from her and told her to get a bloody job. Yes you filed an agreement on consent but one party agreed and didn't follow through. That's bad faith. She doesn't have any excuse for not finding work even part time. Even if you get a deadline attached that's a win.

I couldn't have said it any better Rock. Exactly what is going on.

P.S- great PM. Thanks for all the info!

[LovingFather32]

I need this e-mail out tonight.

What about this?

Now that D5 is in school full time (since Feb/2016), I am seeking off-set child support. Imputing income is the next logical step in the process. Imputing your income to a temporary full time minimum wage salary of ___ while you continue to seek employment and calculating the offset amount based on my salary of ____ would render the new support amount of _____. This would put us on more equal footing in our shared custody arrangement.

If I do not receive a response by Sunday September 18th or if you decline this offer I will have no choice but to file a motion to have your income imputed.

Not too aggressive..yet not to passive? Thoughts?

[blinkandimgone]

You may want to consider adding a start date for the new amount of CS. You want everything explicitly clear on when they start, finish etc to avoid ambiguity and creative interpretation.

[trinton]

I need this e-mail out tonight.

What about this?


Not too aggressive..yet not to passive? Thoughts?

What does her being in school have anything to do with it?




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[rockscan]

His ex argued at one point she couldnt work because she had to look after kid. Shes in school during the day and is in a 50:50 setting. His ex has nothing stopping her from getting a job.

[LovingFather32]

What does her being in school have anything to do with it?




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D5 wasn't in school at the time of the final order. She has since been in school (since Feb) . .. freeing her time up even more.all day every day.

Surely this is yet another powerful material change in circumstance to add to the pile.

[trinton]

Not really. It was foreseen that D5 would go to school. A material change could not have been foreseen and if known at that time, it would have resulted in a different order.




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[trinton]

She's going to say no. We all know that much. She's not going to agree to imputed min wage without s job. You have to force it on her via court order.



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