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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-24-2011, 09:00 PM
epinecone epinecone is offline
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Default Self Employment and Variance Order

Please someone, I need help.

For anyone has read my previous posts, I have been having difficulty earning enough to pay the cost of raising the children in two homes.

I am close to bankrupt, and now I have been informed that my current contract will terminate at the end of April.

I have no personal savings left, I have no retained earnings in my company.. I have been paying out more than I have been making for the last year and it has eroded my savings to zilch.

The contract I have had for the last year has been to provide Business / Software conuslting services to an oil company 4 days a week for a specific project, with this contract ending I will have no company income and no personal income.

It is unlikely that I will be able to get another contract like the one I am
just finishing, as their are no significant projects happening at any of the companies in my area... I have been scrambling to try and find something after I was told the final timeline for transition to their full time staff.

I am planning to go into General Contracting and landscaping in May, but there is no way I can make as much as I have been making..

What do I do? I can't afford a lawyer anymore.. And after I get paid on my last invoice in early may I will be out of money very quickly..

Do I just tell the court I am self employed and I have lost my primary income source? I have experience doing small construction and Landscaping, but it is alot less money.. Are they going to be understanding?

There is no way I will be able to keep paying the level of SS and CS I am paying now.. I don't have the ability to borrow any more money as my lines of Credit and credit cards are maxed from paying the current level of SS and CS.. The Children's mother refuses to work more than 1 or 2 days a week.

My friend went through something like this and he keeps telling me that I am going to have to find someone to borrow the money from because the court does'nt give out variance orders..

The kids are with me 4 nights a week and with their mom for three nights a week.. She refuses to discuss changing the amount of child support.

What can I do?

My debts have piled up, I owe money for GST, Corp Tax, Personal Tax, and I am two weeks late with my spousal support..

I am worried I am going to lose the kids If I can't pay her what the court order currently says.

Please help.
  #2  
Old 03-26-2011, 08:22 AM
staysingle staysingle is offline
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Default

Your in a tough spot right now. Try and break the problem down into pieces and what's important right now. A couple of questions.
1) what's your living arrangment at this time
2) Is that a typo or do you have the children 4 nights a week?
  #3  
Old 03-27-2011, 03:44 PM
epinecone epinecone is offline
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Default Living Arrangments Right Now..

Hi Staysingle,

Right now the kids stay at home with me from after school Thursday until School on Monday. I pick them up Thursday afternoon and drop them off at School On Monday mornings with a lunch and ready for school.

They are with me 4 overnights, and a total of 8 more hours a week than they are with their mom.

When the kids are'nt with me, I work Monday to Thursday (12 hrs on Monday, Tuesday, Wednesday, and then 8 hrs on Thursday..)
  #4  
Old 03-27-2011, 07:57 PM
staysingle staysingle is offline
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Default

It appears to me you are the primary parent based on the number of nights your child is with you.
a) Why are you paying Child Support and not receiving it?
b) If your income is dropping get moving on a motion to change?
c) is your order filed with FRO?
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Old 03-27-2011, 08:56 PM
dinkyface dinkyface is offline
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Default

Quote:
Originally Posted by staysingle View Post
It appears to me you are the primary parent based on the number of nights your child is with you.
a) Why are you paying Child Support and not receiving it?
Doesn't matter who has more time if within 40-60%, as OP indicated. The higher earner pays.
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Old 03-27-2011, 09:36 PM
epinecone epinecone is offline
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Default The higher earner pays..

The higher earner pays.. and for me I am still paying based on what I made two years ago.. The kids mom is working as a homecare worker for Catholic Social Services 1-2 days a week. But it only pays 12$ an hour.. And she says her Chronic Fatigue/Fibromyalgia prevents her from working anymore. She worked full time until we had our first child, but has refused since then..

But I know I have to do something soon, as I am already in arrears on spousal support.. I have no problem paying some Child Support, I just can't afford what I am paying now.. I have already used up all available credit (Line of Credit / Credit Cards) to pay the CS and SS and living costs...

I am going to try and do a variance order myself.. I am just scared to death of going to court without a lawyer..
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Old 04-14-2011, 03:12 PM
epinecone epinecone is offline
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Default Stopped paying Spousal

Update..

I have not paid my spousal support for two months now.

My former spouse and her lawyer have sent another letter saying that "Spousal Support will end when the agreement is signed"..

My current contract ends on April 28th. After that I am starting Landscaping and General Contracting full time. I have no savings, and I need to work in order to pay for the life the Children and I have.

My former spouse and her lawyer have refused to discuss a lower amount of child support, and despite my contract coming to an end, they say they are now seeking to have the amount raised based on previous earnings in 2008 and 2009.

I am so close to bankruptcy.. but I do not want to put the kids and myself through that. It is hard enough telling a 6,5, and 2 year old that we cannot afford any extras at the grocery store.

I am going to self represent next month in court and try and apply for a variance. All of the research I have done here, and on CANLII, and on the net seems to point to it being very unlikely that I will get a variance.

If I am unsuccessful, I have no idea what I will do.. I do not have any savings, I cannot borrow any more...It is so easy to start feeling like it is all hopeless.
  #8  
Old 04-14-2011, 04:34 PM
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Epona Epona is offline
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Default Is your ex taking you to court?

Stay calm. You have options.
Since it doesn't seem likely that you and your ex are going to agree:
1) You can commence court action, or 2) wait until your ex does.
If you choose 1, have you and your ex been in court before? If yes, use the same court file number and copy the information down as before. Whoever was Applicant in the first court case remains Applicant through all court appearances with that court file number -- Likewise for Respondent(s). Only list her lawyer if you have dealt with him/her recently.
Assuming you are in Ontario:
Fill out Form 15 Motion to Change, 15A Change Information Form including your Financials and the last three income tax returns and assessments.
Forms (and directions) available here: Family Law Rules Forms — Ontario Court Services Include a 14A Affidavit (general) with labelled exhibits (ie proof of your new income) if necessary. You'll also need a "Confirmation of Assignment" , available here: Ontario Central Forms Repository - Form Identification ... actually, you need to have the "Confirmation of Assignment" before you can file anything, so send away for that first -- they respond quickly, or did last year anyway.
Avail yourself of FLIC (Family Law Information Centre) Family Law Information Centres*(FLICs) - Ministry of the Attorney General , but have the forms filled out to the best of your ability and ready to be "commissioned" (when duty counsel witnesses you sign the papers). Don't feel bad if you're told to change some things. Then photocopy everything at least twice. File the ORIGINAL papers at the courthouse (Ontario Court of Justice) and get a date for first court appearance (and court file number if first court case). Serve one set on your ex (or rather her lawyer) and keep one set for yourself. If another group (eg social assistance, disability) is involved then they need to be served a copy also.
If your ex serves you with Motion to Change and Change Information Form etc., then you respond by filling out 15B Responses to Motion to Change and 15A Change Information Form Financials etc.
My ex had child support changed to reflect his actual earnings rather than based on previous year's income (good ol' line 150 of income tax return). If you're close to bankrupt it will show up on your Financials and the Judge will take that into consideration. After all, you can't get blood from a stone! Your ex and her lawyer can request retro child support, but that doesn't mean they'll receive it. But Judges are people and they aren't immune from making some questionable decisions.
Check out these links also (if you haven't already):
http://www.attorneygeneral.jus.gov.o...ily/guides/fc/
http://www.attorneygeneral.jus.gov.o...nglish/family/


Good Luck.

Last edited by Epona; 04-14-2011 at 04:46 PM.
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