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Loss of job and child lives in different country, possible CS issue

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  • Loss of job and child lives in different country, possible CS issue

    Hello. Posting for someone I know to get advice on how to proceed.

    Party in question is non custodial parent. Child lives in a different country. Access is established and not in question. CS is being paid regularly and annual adjustments being made according to the previous years NOA.

    Job suddenly lost with some severance pay. Field is not in high demand and jobs for one in that field are difficult to come by. It will probably take some time before a new job established and will most likely be at much lower pay. Severance pay will run out in a few weeks time. No new job on the horizon. The custodial parent has other children in their care that are also being affected by the loss of job.

    This party has attempted to work out an arrangement due to the substantial reduced income with the custodial parent and has been met with a statement that it would only occur when annual statements are exchanged.

    The custodial parent depends on the CS to care for the child. There are unknowns as to if another job will be found or not and what the income level of the new job will be. Until the time that it is known the custodial parent wishes the status quo CS payments to continue.

    What advice would you give to the non custodial parent who has lost their job?

  • #2
    Originally posted by OhMy View Post
    What advice would you give to the non custodial parent who has lost their job?
    1. Irregardless of the location of the children this may constitutes a material change in circumstance and may possibly be brought before the Ontario courts. (Check with a lawyer.)

    2. This could possibly be brought forward under Rule 15 (Form 15) regarding change in child support. (Again check with a lawyer.)

    3. The challenge is that the respective jurisdiction where the children reside may be the place that this matter has to be heard. (Check with a lawyer on this as it is not a matter of inter-jurisdictional in Canada or a single provincial court but, international. This can get complex and fast.)

    4. A justice in Ontario may refuse to hear the matter on the material change because of where the children habitually reside and refuse to hear the matter and order costs against the requesting party. (Why your friend needs to call a lawyer as this can get complex.)

    5. Avoid court to do this. Make an offer to settle, attach the evidence of the loss of employment and provide a new adjusted number. That way if the other parent starts something up, there is an offer to settle in front of them.

    6. You can't get blood from a stone generally but, the courts are less forgiving things like this at times so be very cautious. Lawyer is really the best resource on something like this to consult with.

    Good Luck!
    Tayken

    Comment


    • #3
      Thank you Tayken. I will provide your response to the party in question.

      Comment


      • #4
        Of course, somebody who has lost their job and is facing ruinous child support is probably not in the best financial position to retain a lawyer.

        Comment


        • #5
          Originally posted by Janus View Post
          Of course, somebody who has lost their job and is facing ruinous child support is probably not in the best financial position to retain a lawyer.
          That is why they have Legal Aid, FLIC and other resources. Ya, I know, they are not the best resources at time. (I am not their biggest fan obviously.) Also, you can call the Law Society and they can put you in touch with a lawyer. Talking to a lawyer is different than "retaining" a lawyer.

          Good Luck!
          Tayken

          Comment


          • #6
            Originally posted by Janus View Post
            Of course, somebody who has lost their job and is facing ruinous child support is probably not in the best financial position to retain a lawyer.
            Agreed. I have suggested a few local family law lawyers that offer some free telephone advice and face to face initial consult visits due to that.

            Comment


            • #7
              Originally posted by Tayken View Post
              1. Irregardless ....

              With all due respect, I have just lost all respect for you.....

              Shocked!


              Comment


              • #8
                Originally posted by Tayken View Post
                That is why they have Legal Aid, FLIC and other resources. Ya, I know, they are not the best resources at time. (I am not their biggest fan obviously.)
                Somebody on unemployment who had a job until recently will not qualify for legal aid. FLIC is a sketchy resource at best, since they rarely provide advice.

                My point was that telling people to "see a lawyer" is not always useful advice.

                Also, you can call the Law Society and they can put you in touch with a lawyer. Talking to a lawyer is different than "retaining" a lawyer.
                True, I never tried that. Can you keep on calling for free half hour consults?

                Comment


                • #9
                  self represent and file a motion to have child support amount adjusted. if you don't start something ...then arrears will accrue and you will be forced to pay later if custodial parent comes after you later. don't trust that the custodial parent will just understand and forget about it. huge mistake to assume...seek those absolutes

                  Comment


                  • #10
                    Originally posted by blinkandimgone View Post
                    With all due respect, I have just lost all respect for you.....

                    Shocked!


                    Ya, not the best choice of word...

                    Irregardless - Wikipedia, the free encyclopedia

                    Irregardless of that I hope that I can one day regain your respect.

                    Good Luck!
                    Tayken

                    Comment


                    • #11
                      Originally posted by Janus View Post
                      Somebody on unemployment who had a job until recently will not qualify for legal aid. FLIC is a sketchy resource at best, since they rarely provide advice.
                      Don't disagree with both statements. Both organizations are not great resources but, it is all most people have access to.

                      Originally posted by Janus View Post
                      My point was that telling people to "see a lawyer" is not always useful advice.
                      But, it is better than telling them there is no hope, that the system is flawed, that they will be beat up by a judge and that all hope is lost for them.

                      [QUOTE=Janus;137353True, I never tried that. Can you keep on calling for free half hour consults?[/QUOTE]

                      That is a good question. I would think they have some sort of CRM system that would track contacts... If they don't then well, it is possible.

                      Good Luck!
                      Tayken

                      Comment

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