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  • child support question/options

    My ex has not worked since March 2020 due to the pandemic. She was claiming CERB and not sure what she is on now. She chose to not work because she is afraid of catching covid but is using the excuse of child care to stay home.
    But her work did not close at all, she does not have health issues and neither do our children (3 kids).
    Our children are 16, 14, 10. They are capable people and do not need a parent around them all day.


    I have not stopped working full time.


    my concern is that with her income being less and mine gone up slightly that I will have to pay more in child support.


    currently my ctb is more than my support payments but I'm curious about my options.
    Is there a way that I can fight having to pay more?


    We share custody 50-50.
    She's lives with her new partner.


    Thanks.

  • #2
    In my opinion, when you are set to review and update tell her you don’t agree with her reasons for not working and will not agree to reduce as she was fully capable of working and earning that money.

    If she wants to fight it she can BUT you will have to demonstrate she is purposely underemployed.


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    • #3
      Originally posted by rockscan View Post
      In my opinion, when you are set to review and update tell her you don’t agree with her reasons for not working and will not agree to reduce as she was fully capable of working and earning that money.

      If she wants to fight it she can BUT you will have to demonstrate she is purposely underemployed.


      Sent from my iPhone using Tapatalk

      @rockscan how about if ex work closed due to COVID-19 from April to September 2020, ex’s income is now $20K less than other years - do we pay offset based on 2020 income statement despite the year being unusual? Ex could have found alternate employment but didn’t while I continued to be employed.


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      • #4
        Did their income go back up in October?

        You could do one of two things:

        1. You take the 2020 income and use it going forward with the update done next year.

        2. Calculate what they should have paid in 2020 based on that income and reconcile the amount and then use actual income from January 2021 on.

        How you feel about their employment status is moot. Unless you are going to take them to court and have an income imputed to them, your feelings on what they should have done are irrelevant.

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