What can I do? Child Support and Access

[rockscan]

What can I do? Child Support and Access

Where is this coming from? You seem to be misunderstanding or assuming what's happening with your comments.

The comment in the asterisks was aimed at those who come in bitching about how moms should give up custody because dad asked for it. Right now he gave up custody and is seeking a change and has not demonstrated a material change. This thread will dissolve into battles over terrible moms who deny custody as others have previously.

OP has custody and her ex is not looking for final decisions, so there's no worries about custody.

He wants to go from her having full custody to 50/50 and has had his lawyer send that demand.

Ex's income went down and is trying to change it accordingly. He is not even looking for offset. This should be straight forward, but is not happening, so now they are both looking to change their agreement (he wants more access and she wants more s7).

He quit his job in the military and has been paying a reduced amount for s7. He now wants to reduce cs and avoid it altogether as he is content to sit on a lower income and avoid cs by having 50/50.

 

[DantebeaR]

They are both low income (~ min wage) and ex was in the military but now receives VA benefits and a lump sum. Is this related to disability?

VA benefits would be grossed up and that amount would be imputed as his income. Imputing for unemployment may not be appropriate here without full details.

OP would have to prove ex can and should be working. Ex then has to prove their side and if unsuccessful, the OP would then prove what the amount should be.

VA is due to a knee injury, however his release from the Canadian Forces was voluntary due to terms of service coming to an end.

Ex has told me in text messages that he is not going to work for two years because his pension payout and VA payments will cover him for two years. Then he wants to go back to school. He had a job for 1 week as a delivery driver and then quit saying "I quit because I want to spend more time with" his son. Which he never did ask for extra time.

From what you have posted, you have an order/agreement for custody and cs/s7 correct?

Your ex’s lawyer reached out and said he wanted to switch to 50/50? Did he say anything else?

In your agreement from last year there should be a clause that he is obligated to provide you with updated income disclosure annually. Has he done that? If yes then cs and s7 will modify to that amount. Or it will be cs at the new amount and s7 at the agreed upon amount until it changes.

We do have a court order for CS and S7. The lawyer didn't reach out asking for 50/50 access, my ex did. I had to file a motion to have him provide his updated income. I showed the court I had asked 8 separate times and he never provided it and he was 3 months behind. Now that I got it, I have found obscene dependencies that I am looking into. IE he deducted 72.5% of his income as taxes. Gross income was $61,224, but is saying his Net Income was $16,820.

Imputing Income

1. Do I need to wait until ex files motion to change for child support before I go through the process to impute income and attempt to change CS?

2. Do I start with a Form 20 to request financial information?

3. Then once I receive that, do I submit a Form 15 Motion to Change to a new value? Do I have to complete a Form 13 also? I tried googling the process to impute income for CS purposes and came back empty so I'm sorry if that information is out there.

4. Do I determine what the income should be valued at? Or does the judge determine that?

Access

1. Do I need to wait until ex files motion to change for access before I go through the process to fight against it? Or is there a way to file some sort of documentation to get ahead of his motion?

2. If he does file a motion to change, do I just simply respond with a Form 10A (Reply)?

Is there anything I can do to get ahead of both the support and access battles ie something similar to a Motion to Strike?

Could I possibly get an answer for this question?

 

[StillPaying]

Custody and Access are separate. OP has full custody and that's not going to change. They may end up with 50/50 access, but OP will still have full power regarding custody.

Ex pays arrears, full table support, and a fixed s7 amount, according to their agreement.

Ex is looking to pay appropriate full table support based on his income. This should be a no issue.

Changing s7 or access would need a material change on both parts, but if a move resulted in no longer needing a travel discount on s7, then it may be easier to revisit access and s7.

 

[rockscan]

Ex is looking to pay appropriate full table support based on his income. This should be a no issue.

It is an issue because he left a high paying job, took a pay out and is now content to live on a reduced income for at least four years while he goes back to school. Ok he hurt his knee but he may also have an ability to find different work. I have yet to see a case (or even anything in this forum) where a paying parent has been able to do this.

I say look into an imputed income depending on his skills and abilities. The case law on imputing income involves Drygala. I can’t remember the other name on the case.

 

[DantebeaR]

rockscan could I possibly get an answer for this question If you know? Your information has been extremely helpful and I really appreciate your time.

Imputing Income

1. Do I need to wait until ex files motion to change for child support before I go through the process to impute income and attempt to change CS?

2. Do I start with a Form 20 to request financial information?

3. Then once I receive that, do I submit a Form 15 Motion to Change to a new value? Do I have to complete a Form 13 also? I tried googling the process to impute income for CS purposes and came back empty so I'm sorry if that information is out there.

4. Do I determine what the income should be valued at? Or does the judge determine that?

Access

1. Do I need to wait until ex files motion to change for access before I go through the process to fight against it? Or is there a way to file some sort of documentation to get ahead of his motion?

2. If he does file a motion to change, do I just simply respond with a Form 10A (Reply)?

Is there anything I can do to get ahead of both the support and access battles ie something similar to a Motion to Strike?

 

[rockscan]

If you don’t agree to change cs on consent then he will need to file a motion to change. You would counter with a motion to impute income.

Look at that case I mentioned (on canlii) and see what happened. You can also search canlii for “impute income” in cases for cs.

 

[StillPaying]

VA is due to a knee injury...

This is where you need to speak to a lawyer; your imputation case just got a lot harder.

CS goes by gross income, so when someone receives VA or LTD (non-taxable income) it should be grossed up to the taxable amount.

Whoever is in more need can file first, but so far it's all talk.
If ex files to update cs, it may go bad for you.
Filing for access or s7, would depend on the material change.

Hopefully you can come to an agreement on cs and forget the rest.

 

[rockscan]

Dante, you probably qualify for Legal Aid. May want to reach out to them.