- Married 2011, Separated 2014, Divorced 2015
- One child (s4) 39.5/60.5 in favor of ex, joint legal custody
- Her income 80k, mine ~14k (imputed @ 25k)
- Support (to her) $200 child,~$225 s7 (monthly)
I'm 3 months behind on support payments and my ex has just informed me that she's filed our separation agreement with the FRO. I lost my old job before the separation and struggled to find work while dealing with depression and other medical issues after the divorce while living off a small lump sum property/spousal settlement. Found a 1 bedroom apartment, my son gets the bedroom and I sleep on the couch.
Aside from a few shifts a year from my old job, I didn't have income for a while, and when my support ran out and I was facing eviction, I had to go on Ontario Works (welfare) in August of this year. I was paying and current on my support until then. I finally found a job in late August of this year, it's part time (28-32hrs/wk) but has a benefits package (in 6 months, extra $) and the possibility of promotion and full time work. Welfare gets clawed back somewhat because of the part time job, but I need it for medical benefits to cover my medication costs.
My rent alone is $1059 (Toronto..sigh) and I'm only pulling in about $1400 or so per month between the job and welfare. I let my ex know in August that I couldn't afford to pay support, but that I would try and work something out. She seemed understanding, I tried to work out a repayment schedule with amounts to be determined once I could figure out my monthly income with the new job and welfare, but have been served with N4's (Notice to evict for not paying rent) constantly since August, and any spare cash has gone to keeping a roof over my head. Ex has no sympathy and has now filed our separation agreement with the FRO. I have no assets, savings and am still not current on rent (owe $600 still for Nov).
What will happen next and how soon? I've heard 30-60 days for FRO to contact me, I assume they will immediately garnish wages. Is there any relief or reduction available via the FRO?
Can I file for a motion to change the SA? (I'll be self rep, her daddy will pay for top $$ lawyer)
Will my circumstances be considered financial hardship, or will the FRO and the courts not care?
If I file a motion to change, is that process concurrent with the FRO process? Will garnishing kick in before the motion is heard and ruled on?
Can I only file motion to change for finances, or and I try to get to 40% at the same time (would shift support from $200 to her to $600+ to me, and I would be able to claim child care expenses, UCCB, dependant, all of which she currently gets 100% of)?
What's my next move? How screwed am I?
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