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What happens is CS payors loses job?

livlaughlov's picture

My DH is worried about his job. He pays CS and "extras" for his 2 kids from marriage #1, and we have 2 kids together. Right now this totals 50% of his income. The way I see it is that if he loses his job, CS should stop while he is unemployed, or based on his unemployment wages (very low).

Ex-wife can be financially responsible for her kids (while he is unemployed and looking for work) and I can be responsible for our 2 kids. To me, this makes common sense.

In an intact family, if one wage earner loses a job, NO income is available,and people just have to live with that, and children in intact families experience the highs and lows of life and learn valuable lessons when one parent loses a job.

Makes sense, but I have heard disturbing things like CS payors cannot lower CS payments untill next years taxes or they have to wait months and months in order to MAYBE have their CS obligations lowered.

That is crazy. We could not even pay our bills or our mortgage if he has to pay at the same level he does now.

In Canada second kids are not considered at all when determining CS and I am really terrified of having to keep paying her out of MY earnings if DH loses job as he predicts. It seems SOOOOO unfair to our kids! Any experience with this?

Totalybogus's picture

In my state, if the obigator loses employment (through no fault of his/her own) they can file to abate child support until they get a job. However, once they get that job they will have to factor in back childsupport on top of whatever the new calculation is until those months they didn't pay are paid back. It sucks, but at least you don't have to try to get blood from a stone.

Angel72's picture

I live in quebec, and if your dh loses his job, CS stops completley until he gets another one and CS is readjusted according to that salary.
That's a fact. I've spoken to so many lawyers on that. AND your salary will NEVER pay Cs for his exwife. NEVER. Spoken to 3 lawyers on this.
CS in canada is solely based on the parents income. THeir partners aren not included. The family incomes do come into consideration but are not part of the calculation of CS itself.
My friends husband lost his job and he stopped paying CS payments to my friend. He also married another woman but never got a job again. STayed at home dad, this way he never paid CS again. She took him to nothing. Its based on the mans job. No job= No money.
So please dont worry about you paying her. It wont happen unless alberta laws are drastically different.
I'ld speak to a lawyer if you guys are so worried about this to really make sure where you stand. If he is getting unemployment i'm sure she's entitled to a certain amount off of it, but since family income is takeninto consideratin, this fact can be used against BM To claim undue hardship since your dh lost the job, you have kids and house to support.
Its shitty that the second kids are not taken into consideration. Because my dh also pays for this new family and the old one. So he basically supports two families now and that is alot on a mans shoulders. But Family welfare doens't consider this eh. ...and they wonder why so many divorced fathers who pay cs commit suicide!

livlaughlov's picture

I thought that is what he had to do. I does seem strange that if he loses his job (through no fault of his own, just the recession and his industry is affected) the courts decide whether to lower his payments or not.

In my opinion it should be automatic, and he should be given the benefit of the doubt that he is looking for another job, not have to PROVE it (guilty until proven innocent?). Of course he'll be looking for another job, and his job history is all one needs to look at to know he isn't the kind of man who enjoys being unemployed.

But how come, he has to apply to "maybe" have CS lowered, and not just base it on his current income like it is now? Meanwhile, his ex-wife (who holds 3 post-sec. diplomas/degrees) hasn't worked for over 8 years, and nobody syas booo about it. Nobody makes sure she's employed and also looking after their children financially like he is.

Yes, he is on my side. He loves all his kids equally, but even fathers can see when one set of kids (the first) are "entitled" to 1/2 his salary, it is blatently unfair to the "second" kids. Esp. when the mother doesn't work to "keep them at the pre-divorce level" like he has to, but instead lives off her kids and takes trips to go chant with gurus on the money we (and the gov't) send for the children!

Also, if 2 kids need 1/2 his income, does that mean our 2 kids use up the other 1/2 of his salary? And if so, do people with no children have ZERO bills, cause that is what this system is telling us.

Sorry for the tone of this post, I know it is negative and I am venting about a system that is seriously flawed in my opinion. I checked what the other poster (from Quebec, Angel72) said about her province.

Unfortunately Quebec seems to have a much better system than the rest of Canada. There BOTH parents incomes are taken into consideration, as is access time with each parent. And when one is unemployed, CS is lowered temporarily, which makes more common sense than the rest of Canada where a payor is looked at as "trying" to get away with not paying" CS first. Really it should just be based on current income, not a psyco-analysis by judges of the reasons behind the lowered income level.

How is paying too much good for the kids, all it will mean in our case is that he'll never get to see them (cause we pay 100% of access costs, $3600/year ON TOP of CS) and it could even mean we lose our home and all 4 children will be the losers there!

It makes me soooo angry that they treat the payors with one set of rules, and the custodial parents can live off their children, keep them poor, and that is just her "rights". ARRGGHHH! Thanks for the info, though, it is good to be prepared for the worst.

Denial's picture

My DH lost his job and collected unemployment in Michigan for 8 months. They wouldn't lower the child support, even temporarily. It came out of his unemployment check, which meant he brought home a wopping $400 every 2 weeks after they took out taxes and paid the wildebeast.

Every state/country is different. Call local attorneys, friend of the court. Good luck!

Denial's picture

My DH's was industry slow down also - lumber company/construction. Unfortunately, they announced the closing 2 days after we found out I was pregnant with our son. I had very high risk pregnancy and tons of medical expenses.

You're right - getting pissed didn't help - we just got creative and did the best we could. BM still got her CS and still sent SS16 to us in clothes that were too small, needing a haircut, etc.

Seems right now a lot of people are in the situation. Blended families are abundant and so is unemployment. I'm just glad the BMs always get their's first!