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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 07-29-2018, 02:53 PM
StillPaying StillPaying is offline
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Default Motion to Change Support

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My ex claimed outdated education and poor health due to post separation car accidents at trial.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?
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  #2  
Old 01-09-2019, 08:36 PM
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The-Iceberg The-Iceberg is offline
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Why change support. You admit she has health problems yet you want to stop SS. That's a shame. What's even worse you want to minimize CS. You want your own kids to suffer of hunger? Clothing? And you can't afford much either when they are with you. I bet CCTB saves you financially.


That's the answer to your question. Support your family and keep paying...
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Old 01-12-2019, 09:51 PM
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The-Iceberg The-Iceberg is offline
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Quote:
Originally Posted by StillPaying View Post
I've been paying almost 7 years on a 7 year marriage. What are the chances it would go past 7 years?
Having to pay to someone for nothing makes you angry. That's sad.

Quote:
Originally Posted by StillPaying View Post
Now, as my income has gone down and minimum wage up, I am asking for offset cs to be lowered and ss to stop.
Wow. Daddy has no saving account. Daddy has no money. Daddy cannot pay OFFSET cs and ss to help his family. The problem is daddy has money but it hurts him to pay. They say if someone does you wrong hurt him where it hurts the most, WALLET.

beh just keep paying...still
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Old 01-14-2019, 01:36 PM
SurftheWave SurftheWave is offline
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Quote:
Originally Posted by StillPaying View Post
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.
Interesting...so the judge issued a final order valid for only 3 years? Or was it a temp order for 3 years? Was your ex claiming she couldn't work at all or only part time? What made the judge decide to impute income to your ex? Did you ex present medical evidence saying she could not work like a family doctors note saying she was in a car accident and because of that accident could not work?
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  #5  
Old 01-14-2019, 10:58 PM
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arabian arabian is offline
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If you live in Alberta I believe the minimum wage is $15.00/hr. $11.00/hr is from which province?

I think you have had good thing in your situation (judge imputing income), particularly as your ex is on disability (alleging incapacity to work which judge seemingly didn't buy).

Keep up good work. Be proactive and don't be lazy about providing your full financial disclosure each year in a timely manner.

Claw-backs and such are not your concern. Let your ex worry about how she is going to screw the government. You asked, and received, income be imputed. In 3 years be prepared to ask that the imputed amount be increased.

Good news for you.

I assume your posts reflect a recent decision? If not, then you should be preparing diligently for your 3-year "review."
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