Taking job with pension and benifits after separation - effect on CS and SS

plainNamedDad44

plainNamedDad44

New member
Hi,

I am taking a job in TO to be closer to my children. It is the first position I have ever had with a pension and good health benefits. I am happy to share both with my children.

How does now having a pension and benefits effect my SS/CS obligations. Remember this is occurring well after the date of separation.


thank you.
 
Pretty sure it means absolutely nothing in terms of your obligations.

If your pay has changed significantly, it will affect your child support, but likely not your spousal.

Congrats on the new job and the benefits and pension.
 
Will probably also affect beneficiaries for benefits. If you get full benefits for your kids, any medical expenses will be reimbursed. If you were only paying a portion due to s7, the full cost may be covered for all that.
 
You need to start with your agreement/court order.

Most have a provision for an annual review for CS based on income.

Pension wouldn't come into it, as it isn't part of your taxable income (until you retire).

Most benefits don't come under taxable income, but some might (car allowances etc.). In any case, you can start with your new salary amount and see what the difference in CS would be.

SS is a different matter. In most cases, it is static, especially if it shorter term.
 
DowntroddenDad said:
You need to start with your agreement/court order.

Most have a provision for an annual review for CS based on income.

Pension wouldn't come into it, as it isn't part of your taxable income (until you retire).

Most benefits don't come under taxable income, but some might (car allowances etc.). In any case, you can start with your new salary amount and see what the difference in CS would be.

SS is a different matter. In most cases, it is static, especially if it shorter term.
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DTD,

thanks. this is precisely what I was asking. Thanks for answering .
 
The benefits/pension will not impact c/s or s/s. The benefits may impact s7, only in so much as what is left to pay AFTER all coverage is used. So likely an advantage to you as the benefits will cover a good portion of dental or medical costs.

If you salary changes, it will impact c/s. You will need to adjust your salary accordingly. If your salary significantly changes, it may impact s/s but that would have to be argued by either you or your ex, whomever wants to change it. If your ex argues your new salary and change of job is a material change to increase SS, well then it is certainly a material change to obtain more parenting time! Let her argue about wanting more money, while you argue that you are in a better position to handle more parenting time.
 
DowntroddenDad said:
You can ask to have your CS lowered, but you might raise the issue of underemployment if you didn't have to leave your higher paying.
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My current higher pay is in Ottawa. stbx up and took the kids to Toronto. So I had to leave to be closer to my children. The job is stable, has 4 weeks paid vacation and paid stats. I took it precisely to be closer and have more free time for my children.

So I don't see how STBX can possibly argue under employment.

Thoughts ?
 
I think that the amount is not high enough for her to cry foul, and that an adjustment is in order at next review.

The fact that you took the job to be closer to your kids would also convince any judge to side with you.

Also, people change jobs and go up and down in wages all of the time. That is life. The system accounts for that, mostly. The people who are labelled as underemployment mongers are the ones that drastically scale down their income, ditch an established profession, etc.

You would not fall under that category.

I am sure that your ex is overjoyed that you are moving to be closer. I'm sure it pretty much throws a wrench in her plans.
 
plainNamedDad44 said:
My current higher pay is in Ottawa. stbx up and took the kids to Toronto. So I had to leave to be closer to my children. The job is stable, has 4 weeks paid vacation and paid stats. I took it precisely to be closer and have more free time for my children.

So I don't see how STBX can possibly argue under employment.

Thoughts ?
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She can only argue underemployment if you ask to lower CS. And you having to move to better facilitate access would be a good argument against underemployment in my book, but I'm not a judge.
 
Straittohell said:
I think that the amount is not high enough for her to cry foul, and that an adjustment is in order at next review.

The fact that you took the job to be closer to your kids would also convince any judge to side with you.

Also, people change jobs and go up and down in wages all of the time. That is life. The system accounts for that, mostly. The people who are labelled as underemployment mongers are the ones that drastically scale down their income, ditch an established profession, etc.

You would not fall under that category.

I am sure that your ex is overjoyed that you are moving to be closer. I'm sure it pretty much throws a wrench in her plans.
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STH, thanks for your response. I am taking a pay *CUT* so if anyone makes any noise (court/motion) I think it would be me.

But yes. Its been a good month. CAS is closing file, and I am going to be living close to my kids with more free time (thanks to new job) so yes, this is threat for her economically. I frankly don't care that much, as long as the kids get the money. It sure as hell doesn't appear to be going to them right now.
 
You didn't ask, but thought I'd point out... you should be able to get more access since you're living closer now.
 
Congratulations on your new job.

You must be pleased that you won't have to commute such a long way to see your children.

Good move!
 
So I don't see how STBX can possibly argue under employment.
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I always cringe when I see statements like this. The truth is: anyone can argue what ever the heck they want (really). Whether they will be successful or not is another story.

10K is not a whole lot to drop. The delta between 60K and 70K of salary for two children is $145 a month. I'd surely point this out to your ex and I would ask for her voluntary adjustment in CS under the provision that is likely already in your SA or Order that provides for annual review of CS. However, I don't know if I'd willingly open a can of worms personally and go to court over it just yet if she didn't agree. But that's just me.

You didn't ask, but thought I'd point out... you should be able to get more access since you're living closer now.
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Living closer does not denote more access. You must demonstrate that it is in the children's best interest. And this of course, is very subjective. It's not "spending more time with dad is in children's best interests" unfortunately. At the surface that would appear to be true, but you have to PROVE to the court that this is fact. That in itself is harder to do. I point this out because even my husband who is a very involved father before and after his last court appearances, could not convince a judge of this. In fact, the judge scolded my husband and said "it is more convienient for you to spend more time with your kids but you must prove to me that it is in the child's best interests..." of course this could have been smoke and mirrors too. Who knows. I have little faith in the family law system.
 
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