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Support when ex choses to not go back to work

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  • #16
    Originally posted by BrentF View Post
    Thank you for all of your insight and helps one thing I forgot to mention is that for extracurricular activities like hockey, soccer and summer camps, I paid my portion so those costs were split in accordance with the income ratio.

    I am engaging a lawyer to get this settled as fast as possible. I am going to bet she will not be wiling to be reasonable so court is a likely outcome. When were going through the divorce, I calculated I would owe her $2,000.00 in the settlement and she said no, she wants to get what she is entitled to. $30,000 in lawyer bills later, I had to pay her $2,200.00.

    The letter and imputed income looks like the course of action so far.
    You might want to look into a limited retainer lawyer to assist you and self represent. It could limit your costs to bring the matter to court and increase hers.

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    • #17
      Course of action

      Thank you all for the information.

      I think my course of action will be to draw up a letter and say no child support either way going forward since we split the kids 50-50, and to split extracurricular activities 50-50.

      If she fights it, I will then go and impute her income and she might end up paying me.

      I am willing to fight that. In the mean time, I will pay her the amount I have been paying her due to her mat leave as a sigh of good faith (even though if she were back to work, she would be paying me).

      At the end of it all, I just want what is fair and not be taken advantage of.

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      • #18
        Originally posted by BrentF View Post
        Thank you all for the information.

        I think my course of action will be to draw up a letter and say no child support either way going forward since we split the kids 50-50, and to split extracurricular activities 50-50.

        If she fights it, I will then go and impute her income and she might end up paying me.

        I am willing to fight that. In the mean time, I will pay her the amount I have been paying her due to her mat leave as a sigh of good faith (even though if she were back to work, she would be paying me).

        At the end of it all, I just want what is fair and not be taken advantage of.
        I would advise against this. You can't declare that there will be no child support going either way, because the child is entitled to support from both parents. (Also, consider what would happen if one of you lost your job. Would you still want a "no child support" order?). You can make proposals as to how child support would be handled. If you have 50/50 parenting, you have a bit of leeway in case you want to deviate from the federal tables. You could propose offset child support using your actual income and her imputed one, from the period before she went on mat leave. (She might counter with the argument that she needs to stay home from work until the new child is school-aged because there is no satisfactory day care, and that's where you would probably want a lawyer).

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        • #19
          One line of reasoning, though it may not be the best to use as it may be irrelevant.

          She has no income from a job. Her husband is supporting her. She is a package deal - he can't support her and not her kids (or alternatively, she can't accept support from her husband and not share it with her kids). She has income, it is coming from her husband.

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          • #20
            Her income should combine with her husbands.

            One thing to look at is hardship. If it's either support or the mortgage payment, then you have a clear case for hardship. Just prove it by showing all the financials and costs. I wouldn't outright deny support.

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            • #21
              I had to think about this one for awhile but here is my opinion. Is this any different from any woman that goes on maternity leave and then doesn't go back to work? That couple makes do on less income. You don't go crying to someone else to pay for your decision. In my view things should be for BrentF as they were if his ex was working full time. Income at that level should be imputed to her. BrentF should not pay for his ex-wife's decision to have another baby and not go back to work. He should fight this.

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              • #22
                This thread is two years old and i would hope this has been sorted out by now!

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                • #23
                  It is quite old. Might be useful for someone else to know how it was dealt with though.

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