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  • Recieved Notice of Layoff

    Hi, my husband was notified on Thursday that he will be laid off from Nortel on May 26. He currently pays CS and SS, he has a separation agreement and shared custody/residence/parenting arrangement in place. My concern is what happens if he does not secure employment quickly. I know he will file for EI if he does not get a job quickly but what does that mean when it comes to making his CS and SS payments. Can he have the CS and SS reduced due to material change in circumstances? Does he have to file for a change immediately in court or do he wait until his layoff date comes to file for a change. I am hoping he will be able to get a job quickly and that it will be equal pay to his former job but it is a stressful situation just to sit and wait. Any feedback will be appreciated.

  • #2
    What does his agreement say? Does it specify an amount? Does it specify that he uses line 150 of his income tax to calculate Child Support?

    For SS, I believe he needs to go back to court unless his ex agrees to reduce the amount temporarily.

    For Child Support, it really depends on what's contained in the existing agreement. Depending on the wording he may have to go back to court, or he may be able to provide his ex with notice of layoff and pay based on the "income" provided him by EI until he finds a new job. (and then increases his payments accordingly when he does).

    How amicable is the situation between him and the ex? If he explained the situation to her, would she agree to the temporary reduction in CS? (Even if she doesn't, make sure he sends it via email, then he can show he tried to be reasonable about things before heading to court).

    Wait until he's actually laid off before applying for a motion to vary. Court should be a last option.

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