Hi, I'm hoping to get some help for my upcoming Motion to Change Support.
We were married 7 years and are coming up to 7 years separation. We have shared custody of 2 kids doing week about access. I pay ss and offset cs.
My ex claimed outdated education and poor health due to post separation car accidents at trial. She was on OW and said she couldn't apply to ODSP at the time, and the judge imputed full time minimum wage ($11/h - 22800) saying this took her health and need for upgrading into account. We were given a 3 year review date where the judge said it must be made clear that my ex must return to the workforce and maximize her income.
Now, as my income has gone down and minimum wage up, I am asking for offset cs to be lowered and ss to stop.
My ex admits she hasn't done anything towards finding employment and just says she's been on ODSP 2 years. She's asking to remove her imputed income/offset, and for my cs to double and ss double.
How do the courts view OW vs ODSP?
Are there any differences to the clawbacks for support between ow/odsp or how the courts handle them since the changes?
Final Order states if my ex is in poor health, it's because of car accidents which occurred after separation and after she should have returned to work. How could this affect me?
SSAG says ss should be approx half the length of marriage. I've been paying almost 7 years on a 7 year marriage. What are the chances it would go past 7 years?
It took us 3 years to get to trial and finally get an income imputed. Whatever health issues she claims was known at trial. Her support just went from ow to odsp. Can she retry the same issues of imputed income/offset?
Same with my income. Final Order says what and what's not income for me and now my ex wants to try again and reargue the same issue. Is this allowed?
We were married 7 years and are coming up to 7 years separation. We have shared custody of 2 kids doing week about access. I pay ss and offset cs.
My ex claimed outdated education and poor health due to post separation car accidents at trial. She was on OW and said she couldn't apply to ODSP at the time, and the judge imputed full time minimum wage ($11/h - 22800) saying this took her health and need for upgrading into account. We were given a 3 year review date where the judge said it must be made clear that my ex must return to the workforce and maximize her income.
Now, as my income has gone down and minimum wage up, I am asking for offset cs to be lowered and ss to stop.
My ex admits she hasn't done anything towards finding employment and just says she's been on ODSP 2 years. She's asking to remove her imputed income/offset, and for my cs to double and ss double.
How do the courts view OW vs ODSP?
Are there any differences to the clawbacks for support between ow/odsp or how the courts handle them since the changes?
Final Order states if my ex is in poor health, it's because of car accidents which occurred after separation and after she should have returned to work. How could this affect me?
SSAG says ss should be approx half the length of marriage. I've been paying almost 7 years on a 7 year marriage. What are the chances it would go past 7 years?
It took us 3 years to get to trial and finally get an income imputed. Whatever health issues she claims was known at trial. Her support just went from ow to odsp. Can she retry the same issues of imputed income/offset?
Same with my income. Final Order says what and what's not income for me and now my ex wants to try again and reargue the same issue. Is this allowed?
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