Support Payer Unemployed - What To Do?

K

kamkatie

New member
  • Divorced 8 years
  • Both remarried
  • 2 children - D13 and S9
  • Registered with FRO
  • Child Support Only (no spousal)

Ex was laid off from a union factory position in September 2014 - he received a severance worth approximately 50% of his yearly income. Prior to this he was several thousand dollars in arrears, not including any extras for section 7 expenses (I stopped trying to collect those years ago).

When he received his severance, there was a dent put into the arrears, however, it looks like he's since used it up as I haven't received any further support payments since October.

I received an email from him requesting I exit the FRO and we come to a new support arrangement that works for him. He has not been able to find new employment as yet and is being evicted from his rental. My understanding is that he and his wife will be moving to live in a trailer on his wife's parents' property.

I'm really not thrilled with the idea of leaving the FRO. In the eight years we've been divorced he has never lived up to his financial obligations regarding our children. At the same time, I do understand that he's in a tough situation and would like to assist in some way if I can. I'm willing to sign paperwork to lower his payments to what EI would be (although I don't believe he's collecting EI right now - not sure why that is - not really my business). We could then adjust to any new income once he's found a job again.

Does anyone have any suggestions on how to proceed? Curious what precedents there are legally for this both from the payee and payor perspective.

Thanks in advance.
 
My partner is in a similar situation in that hes unemployed and has been for a year. His ex registered with FRO and he pays through them. Their agreement amounts were when he was unemployed the last time (his work is seasonal) so his CS payments are in range of his current income. Right now his income is much lower as his EI ran out and he works part time. HE STILL PAYS HIS CS THOUGH. When he starts working a motion to change will be required to change it.

For you, a motion to change would be needed to change cs but theres also the risk that your ex will stay unemployed to avoid cs obligations. Ask yourself this: can he find another job making as much or slightly less?

You can stay with FRO but work with your caseworker to work out the income info. He can also work with his caseworker as well. Then when his situation changes you can get a new order to file with FRO.

From what youve posted, theres difficulty getting cs from him and if he has arrears that developed during FRO that would probably continue.

My advice (and this is based on my knowledge and watching my partners interaction with FRO) is to not remove from FRO. Instead call your caseworker and discuss what temporary options there are for the current situation other than a motion to change.

If he forced your hand and you went to court, he runs the risk of having an income imputed to him which means he would still have to pay cs. Yes the market is tough right now, yes a lot of jobs are ending, yes life is tough. But my partner still makes his cs payments the first of the month on half the income in the order with FRO. Dont give your ex an out. He hasnt met his obligations and FRO is forcing him to do so.
 
Your ex will receive unemployment insurance eventually and FRO will garnish 50% of that. I agree with Rockscan DON'T cancel FRO, they can garnish from his Income Tax returns or from many other sources as arrears are never pardoned unless court ordered. I'm sure his living in a trailer on the in-laws property is temorary. Leave things as they are - he'll find work soon - your children have a right to his support.
 
My understanding is that you cannot claim EI until your severence has been used up. Since he received approximately 6 mths of severance, he should be eligible for EI shortly. I could be wrong on this tho.

I agree with the other posters - stick with FRO but call your caseworker and try to work out an arrangement with your ex.

Good luck!
 
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