CS and Mat leave
- Thread starter HappyMomma
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holdthemaccountable
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My understanding is that the responsibility rests with the first set of children. That is you owe an obligation to the first set of children and this supercedes your obligation to the second set from a new relationship.
You might want to search on canlii.org and use the search "implied income". You might find some results that would fit your circumstance.
That being said I personally do not think it fair that a second set of children should be treated to a lower standard than the first set.
Note I also think that as per what you have said your situation is you would win. But I'd speak with legal counsel first. I think this is slightly tricky.
For instance. Man(M) and Woman(W) have child A. M and W spilt. M earns 80K W earns 50K. M pays W $270 per month. (ie 80 minus 50 is 30K and cs for 30K is $270). M gets remarried to W2. M and W2 have child B. Man's salary goes to 40K as he is tired of long hours at 80K job. 40K less burdensome. Second child B will have lower standard of living due to M now getting only 40K yet the court takes no action in this regard however first child A is given special deference by the court and M is told to continue to pay $270/month for child A. this causes child B to lose twice. First M only earns 40K so child A suffers. Second this suffering is compounded as larger percentage of money for B is withdrawn. Also child A gets special provisions while child B gets no special provisions.
I suggest you fight for your right to look after child B. That is have your salary go down so child B can be taken care of and I think it only right that your support payments also decrease for this time period. If you go to court this is important....ASK FOR A WRITTEN RULING! If such laws are ever going to be changed written rulings are the ones that are posted on canlii.org. No written no ruling then essentially there is no explanation as to why a decision was made one way or the other and hence no precedent. For you own sake I would definetly ask for a written ruling. It is my understanding that it is your right to get a written ruling if you so request one.
It just seems to me that the fair thing is that what you pay in child support should decrease while you are on mat leave.
Here is an interesting question however...what your husband (ie the father of the child) also paid support other kids he had. If he went on parental leave would his support go down? Hmmmm.
As with all my posts this is just my opinion and should not be construed as legal advice.
You might want to search on canlii.org and use the search "implied income". You might find some results that would fit your circumstance.
That being said I personally do not think it fair that a second set of children should be treated to a lower standard than the first set.
Note I also think that as per what you have said your situation is you would win. But I'd speak with legal counsel first. I think this is slightly tricky.
For instance. Man(M) and Woman(W) have child A. M and W spilt. M earns 80K W earns 50K. M pays W $270 per month. (ie 80 minus 50 is 30K and cs for 30K is $270). M gets remarried to W2. M and W2 have child B. Man's salary goes to 40K as he is tired of long hours at 80K job. 40K less burdensome. Second child B will have lower standard of living due to M now getting only 40K yet the court takes no action in this regard however first child A is given special deference by the court and M is told to continue to pay $270/month for child A. this causes child B to lose twice. First M only earns 40K so child A suffers. Second this suffering is compounded as larger percentage of money for B is withdrawn. Also child A gets special provisions while child B gets no special provisions.
I suggest you fight for your right to look after child B. That is have your salary go down so child B can be taken care of and I think it only right that your support payments also decrease for this time period. If you go to court this is important....ASK FOR A WRITTEN RULING! If such laws are ever going to be changed written rulings are the ones that are posted on canlii.org. No written no ruling then essentially there is no explanation as to why a decision was made one way or the other and hence no precedent. For you own sake I would definetly ask for a written ruling. It is my understanding that it is your right to get a written ruling if you so request one.
It just seems to me that the fair thing is that what you pay in child support should decrease while you are on mat leave.
Here is an interesting question however...what your husband (ie the father of the child) also paid support other kids he had. If he went on parental leave would his support go down? Hmmmm.
As with all my posts this is just my opinion and should not be construed as legal advice.
HappyMomma
New member
From Services Canada:
How much will you receive?
The basic benefit rate is 55% of your average insured earnings up to a yearly maximum insurable amount of $44,200. This means you can receive a maximum payment of $468 per week. Your EI payment is a taxable income, meaning federal and provincial or territorial, if it applies, taxes will be deducted.
I make 'too much' so I would receive the maximum amount.
HappyMomma
New member
Absolutely. The calculation is based on his income. If he is off work because he is injured or he stops working overtime, I would end up paying more so I don't see why it would be any different for parental leave.
Sorry my bad. With a 32% difference from ei rates give an approx of your current income. But I guess what I am wondering is that difference and the difference in cs would it be worth the effort possible legal fees and the role of the dice. That's of course saying it goes that far. You say there was only one decision in favor and forgive me if you already answered but are there and decisions against?
HappyMomma
New member
We are in the process of writing out separation agreement now. Since we will be re-calculating cs amounts once a year, I don't think they'll be a need to go to court. It is what it is.
I found a second decision on CANLII. For a father on paternity leave this time. Same result - his CS was reduced white he was on leave.
Okay 2 decisions for...none against...should be a shoe in for you...that's assuming you checked for decisions that were not in favor.
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