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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-20-2016, 08:01 PM
kstart kstart is offline
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Angry Second Family And Support

Hi All,

Need some advise here please

Im going to court to ask that my child support that I pay my ex be lowered or reversed as Im on maternity leave since Jan 1st 2016. I got my notice of assessment for 2015 and made around $12,000 in 2015 and from what Ive heard, he worked at some point in 2015. Ive received an email from him stating that he will ask the judge to take into consideration my current partners income if Im not able to continue paying child support at the same amount. He's also going to claim undue hardship as he states that he's in school. Now he's been in and out of school and work since 2011 and we share our son 50/50. He's been asked in 2014 about why he was taking courses and he stated he was upgrading his skills to get a better paying job. Yet here we are again two years later and he's in school again and not working. My question is will the judge ask him to work since he is childless every second week and during the day while my son is at school, so that if he has to pay me support it wouldn't cause undue hardship? He also lives with his girlfriend since 2013 who is deeply involved with my sons life. From doctor assessments, school and so on but my ex claims single and living alone for everything!!! Will they ask how he can support himself with his living expenses with his low Ontario works income? We live in similar town houses and I know the expenses!! Im just stressed that I cant work part time right now to continue paying him child support as Ive got a baby to take care of. Id like to go to school too possibly as I only have my high school and Im finding it harder and harder to find good paying jobs. Will they ask him to start paying and get a job? Knowing my ex he will not just take ANY job. Will he be forced to just get a job? I just feel he's constantly screwing the system while Im here trying my best.
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  #2  
Old 06-21-2016, 06:29 AM
standing on the sidelines standing on the sidelines is offline
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you knew of your obligation to the first child and still got pregnant with your current partner. Men who start a second family on here don't get any sympathy when they want to cut down support to their first kid(s) so don't expect any yourself.

That being said I am not sure from your post but are you the only one paying support? If so then I think you would have to be the one claiming undue hardship, not him. You may have to suck it up for a while and then go back to work earlier then you wanted to in order to meet your financial obligations.

This has been mentioned so many times before. If you go to court (you may win, you may not) is it financially feasible. That is will you gain more then you would spend in legal fees? You really need to think about it, it may cost you dollars to collect cents if you know what I mean.
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Old 06-21-2016, 08:54 AM
kstart kstart is offline
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Well I understand my obligation but I guess what Im asking is since ive been paying twice the amount of support for a year and a half... can I not ask that it be reassessed to fit my notice of assessments? I believe there comes a point where your no longer supporting your child but supporting the other person when they choose not to fulfill their obligations to support their child too? Why should I hurry back to work when Im able to support my two children on my side but the other side chooses not to work when they fully can but Ive got to pick up the slack for that? All Im saying if I was in school part time, Id have a job of some sorts to support my family. I wouldn't choose to live off support of everyone else. Id also not live way outside my means and try and claim undue hardship because of my own choices... and thats what the other party is doing.
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Old 06-21-2016, 07:42 PM
Berner_Faith Berner_Faith is online now
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Do you not readjust child support annually? This should be done every year. That being said, being on maternity leave may not be a reason to reduce support it all depends on what your Oder says. As standing stated, you knew your obligations and the other parent should not go without because of a decision you made. If he is in school it is possible it's a 2-3 year program, anything after that I would be concerned.


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Old 06-21-2016, 10:58 PM
kstart kstart is offline
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After being in and out of court for a year because of him avoiding the childrens lawyer for a month and sending trial date confirmation on the weekend (a week after he was notified to confirm the date) Order was made early 2014 and it joint with 50/50 time. For child support its my income and his income and whomever is greater pays. Yes we are to reassess every year but he refused. So now 2nd year is here and still refusing so Ive got to go to court. Again I get I have obligations to fulfill. What Im trying to say here is that hes been in and out of school since 2011 and its been constant. Its not just one course here... its many and they are part time. Some pertain to upgrading your skills for a certain field of work he may look to pursue, some dont, some he just finds interesting and there are some he never bothers to complete. Now in between these school courses (when he's not in school at all and taking no courses) he works jobs he wants to work at. They are all temp jobs. He states that his income is non of my business and that I should just give him my notice of assessments every year. To make matters worse. Ive paid 100% daycare for my weeks and 60% for his weeks for daycare since 2014 because he refused to add the extra weeks I needed on his daycare account and therefor I had to open my own daycare account. I cant claim anything through FRO as the payer but he claimed his 60% daycare for me to pay through FRO because he's the recipient but refused to pay his 40% for my weeks. So yes Im on mat leave and Ive got an obligation but the responses Im getting so far sounds like its okay that he doesn't fulfill his obligations to his full potential when he can because why should he when he's got all this support given to him?! The job my child support was based off of is long gone Sept 2014. Since then Ive gotten another job, not as much pay but I guess thats what you get when you only have high school and work experience. Is it not fair I ask to have it looked at or will they just tell me that Im to continue while he spends his life in school?
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Old 06-22-2016, 12:02 PM
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Janus Janus is offline
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Quote:
Originally Posted by kstart View Post
I cant claim anything through FRO as the payer but he claimed his 60% daycare for me to pay through FRO because he's the recipient but refused to pay his 40% for my weeks.
FRO does a lot of mean and unfair stuff, but that's a new one to me.
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