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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101016
Experience:  Lawyer
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I am an engineer and I have decided to make a change in my

Customer Question

I am an engineer and I have decided to make a change in my career. I would like to be an English as a Second Language (ESL) teacher. In order to do this I would need to quit my job and go through training/certification.
I have a question about this and my child support payments. When/if I quit my job I will not have income for a while, while I am in training up until when I find a job in that field. What are my requirements for support payments during this period?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
If you are deliberately underemployed and this is seen as unreasonable you'll be required to pay child support just as if your income remained the same. In other words, the court will impute income to you.If your income is lower later on because you have a new career you still may have to pay child support based on the previous income because when you have an obligation to pay child support you don't have the same luxury and options that are available to people who don't.The law is that you cannot intentionally lower your income and believe that the support will be lowered. It will not.Let me know if you need any further clarification.
Customer: replied 1 year ago.
Thank you. The reasons I am trying to make a change in my career are:My 4 year old son (not from my previous marriage) has autism. Among other things he needs special care to learn how to communicate. My partner's first language is not English and while I can communicate with her, understanding what she means, she is not able to teach him the english he needs to go to school. She also has our 1 year old daughter to take care of. This time is critical for my son to enter into the school system rather than being held back and being in a disadvantage. Reduced time at work would allow me to take care of him better and help him with this transition. As it is with my work hours and pressure to stay late at work I am not able to help him out as much as he needs. There is much information I could provide from the doctors and support workers regarding my son's condition if necessary.Another reason is that I have been having health issues. Getting migraines, and on one occasion blacking out and going into a seizure. I have been seeing doctors about this and the latest word from my neurologist is that my stress level is too high. Much of this stress is from my job. I could also get a doctor's note regarding this if necessary. Changing my job while remaining in my field would not change the stresses associated with this type of work. I could only find something in a different field that would pay less.My question is, what are the steps I need to take to apply for reduced child support payments and make this transition?Regards,
Expert:  Debra replied 1 year ago.
You would have to apply to vary the order. And, to be able to have any chance at success you would have to bring in medical reports for yourself and for your child to prove that this is bona fide and it is not because you want to reduce child support. Do you see what I mean?
Customer: replied 1 year ago.
Thank you.
I see what you mean, but my question is: what are the steps I need to take? Where can I find the forms/information on applying to vary the order? Can you comment on the likelihood of success if I am able to provide medical reports for me and my son?Regards
Expert:  Debra replied 1 year ago.
Here is a link to the information you will need: I cannot really know what the likelihood is that you will succeed. It would be irresponsible for me to try and predict.