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[–]HelixFish 3 points4 points5 points (9 children) | Copy Link
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[+]25_years2 points [recovered] (1 child) | Copy Link
OP, I can sympathize. I was in the same boat. However, my experience is with American courts, not Canadian. I don't know if Canada looks at things the same way.
In my case, I was a contractor in Afghanistan, living in The Suck, but getting paid $330k+ USD, which was composed of my base salary plus hazard pay plus hardship pay plus overtime plus a completion bonus. This was several years ago. Even then, we could feel the war slowing down. High-paying jobs like that were disappearing. Plus, I was tired of living there and wanted to be back in the USA. We divorced shortly afterwards.
I had no problem paying support based on my base salary. I was still willing to work 40 hours a week in some office, just like I did before going to Afghanistan. I would still earn about $100k USD.
But her lawyer looked at my previous year's tax return and got a giant vengeance boner. From there, it was an uphill battle. She operated as if I could still earn $330k and pushed like Hell to have the courts use that number. I argued that it was absurd. War is not a career; it's a temp job. I argued that the judge had no right to force me into harm's way, involuntarily, just to keep the support numbers higher than they should be.
The opposing lawyer didn't quite get what she wanted. But close. I learned that I had fallen into a loophole. There was, in fact, some legal precedent. I left Afghanistan voluntarily, and even though I could no longer go back and earn that money again, the voluntary nature of my change in income was the big factor.
My ex-wife had known for years that I was planning to come back to the USA. I told her for years to prepare for reduction in my income. I felt very set-up by a scumbag lawyer to push me into an impossible position.
OP, if you have a doctor's note that says you can't work, good for you; I hope it works.
[–]longboatlarry[S] 2 points3 points4 points (0 children) | Copy Link
[–]pegleg_legal 0 points1 point2 points (2 children) | Copy Link
[–]longboatlarry[S] 0 points1 point2 points (0 children) | Copy Link