HomeMedical release and child maintenance
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Medical release and child maintenance
by Dice Thu 26 Dec 2019, 2:03 am
Good day all,
I am hoping to get some answers as I have been making phone calls and asking around and cannot get a straight answer.
I am currently being released after 22 years on a 3b as I have a severe medical condition. I am divorced and paying child maintenance based on the table for child support for two children. When I release, my income obviously is going to be reduced significantly. (And unfortunately, the ex spouse has no remorse.)
The only answers I have found so far is that If I was to release on a 4a(volunteer), i would certainly be obligated by the courts to maintain my current amount for child maintenance. Which is understandable. However the rules differ from a 3b as I no longer meet the military’s terms of universality. I am just not exactly sure how.
Upon release, i will be unable to get employment due to my condition. Even if I could, my medical benefits would be compromised.
So Before I go ahead and spend a fortune on lawyers to get answers, i would like to know if there is anyone here who may be able to clarify what the legal differences are.
I have heard from some that due to a 3b release, the courts will not entertain this due to being unemployable and pay based on my taxable earnings.
However, i also learned that the courts could include the non taxable earnings. Some say the courts could still make me pay what I am currently paying which is not enough for me to live on.
When it comes to my children, i will give all I have but, as you can see I am a little scared of the situation. I am already hurting, Dad needs to live, and my income is already about to be significantly reduced.
Can anyone provide me with any info? Thank you.
I am hoping to get some answers as I have been making phone calls and asking around and cannot get a straight answer.
I am currently being released after 22 years on a 3b as I have a severe medical condition. I am divorced and paying child maintenance based on the table for child support for two children. When I release, my income obviously is going to be reduced significantly. (And unfortunately, the ex spouse has no remorse.)
The only answers I have found so far is that If I was to release on a 4a(volunteer), i would certainly be obligated by the courts to maintain my current amount for child maintenance. Which is understandable. However the rules differ from a 3b as I no longer meet the military’s terms of universality. I am just not exactly sure how.
Upon release, i will be unable to get employment due to my condition. Even if I could, my medical benefits would be compromised.
So Before I go ahead and spend a fortune on lawyers to get answers, i would like to know if there is anyone here who may be able to clarify what the legal differences are.
I have heard from some that due to a 3b release, the courts will not entertain this due to being unemployable and pay based on my taxable earnings.
However, i also learned that the courts could include the non taxable earnings. Some say the courts could still make me pay what I am currently paying which is not enough for me to live on.
When it comes to my children, i will give all I have but, as you can see I am a little scared of the situation. I am already hurting, Dad needs to live, and my income is already about to be significantly reduced.
Can anyone provide me with any info? Thank you.
Dice- Registered User
- Posts : 1
Join date : 2019-12-26
Re: Medical release and child maintenance
by Viper Thu 26 Dec 2019, 10:20 am
When it comes to legal matters it's always best to seek advice from a professional.
I can write the way I see it, not to be taken for certainty.
When it comes to child support in Canada the policies are straight forward, you pay an amount in accordance to the Child Support Table. https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.asp
It does not matter the release method or category which you are released. If your income changes, the support payments will change to reflect the income change.
Both taxed, and non taxed income is used for determining child support, the non tax income will be grossed up to reflect the overall amount. The only exclusion non taxed income would be such things as the VIP, Clothing allowance, other tax free allowances that is meant for your personal condition.
There's no way around the set policies for child support. The enforcement is strict with absolutely no remorse in enforcing Child Support Arrears.
Lawyers will tell you the same as mentioned above. If it was me, I would contact a family law lawyer, one that gives a free first visit. Tell them you are aware of the child support policies, ask them what they can offer you over and above what you already know. From there you can determine whether to hire a lawyer right off, or wait a bit, or don't hire one at all.
I can write the way I see it, not to be taken for certainty.
When it comes to child support in Canada the policies are straight forward, you pay an amount in accordance to the Child Support Table. https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.asp
It does not matter the release method or category which you are released. If your income changes, the support payments will change to reflect the income change.
Both taxed, and non taxed income is used for determining child support, the non tax income will be grossed up to reflect the overall amount. The only exclusion non taxed income would be such things as the VIP, Clothing allowance, other tax free allowances that is meant for your personal condition.
There's no way around the set policies for child support. The enforcement is strict with absolutely no remorse in enforcing Child Support Arrears.
Lawyers will tell you the same as mentioned above. If it was me, I would contact a family law lawyer, one that gives a free first visit. Tell them you are aware of the child support policies, ask them what they can offer you over and above what you already know. From there you can determine whether to hire a lawyer right off, or wait a bit, or don't hire one at all.
Viper- Registered User
- Posts : 182
Join date : 2018-02-27
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