If child support is supposed to be calculated based on income, then it is reasonable to assume that if a person’s income is reduced because of job loss, then child support should also be reduced. But in the case of Aboagye v. Sakyi [2012] O.J. No. 575, Mr. Justice Sherr ruled that if an employee is fired, he cannot avoid child support based on his own misconduct.

In this case, the parents had four children aged 13, 11, 9, and 4 years. The father worked full-time at two different jobs for at least two years prior to the parties’ separation. He had worked as a forklift operator for one employer since 1996, and as a machine cleaner for a second employer since 2007. The father’s Notice of Assessment for 2009 showed that he earned a gross income of $62,500. The father left his second job as a cleaner at the end of June 2010. He continued working as a forklift operator. The father did not pay any child support until the fall of 2011 and accumulated over $17,000 in child support arrears. The father earned $50,755 in 2012. In court, the father testified that he was fired just three days before the trial began. He stated that he was given vacation pay, but no severance payment. He claimed that this dismissal was wrongful and he planned to sue for wrongful dismissal. The mother testified that the father was a liar and that he conspired with his employer to engineer his job loss for this case.

The father’s employer stated that the father was warned twice about poor performance and was dismissed for cause. The employer listed reasons for his dismissal that included: not following company policy for signing loading lists and work orders; using his cell phone during company time; using his cell phone in the loading area and inside loading containers; being frequently late and absent; accepting money from customers to perform additional services during company time; and damaging company property.

The court held that if the employer was justified in firing the father, then the father cannot use his dismissal as grounds for reducing support. Where the loss or reduction in employment income is the result of one’s own actions or misconduct, the support obligations will not be reduced or cancelled. Moreover, the court stated that if the father is correct that he was wrongfully dismissed, he will likely receive a significant income-replacement award.

In the end, the court imputed to the father an income at $41,000 per year, and was ordered to pay child support based on this amount.

Yes. Before any agreement is made, each spouse should obtain independent legal advise from a divorce lawyer who will advise the spouse on his or her family law rights and obligations. This is necessary in order to recommend terms of settlement that are fair, practical and enforceable. It may not seem necessary now, but it can prevent many problems from arising in the future and reduce further cost and grief. Each spouse’s own divorce lawyer will protect that spouse’s own legal interests, inform that spouse of issues that he or she may not have considered and ensure that any agreement that is signed is fair, practical and enforceable.

When a couple decides to part ways, it is often hardest on the children. They are forced to adjust to a new routine and a new or secondary home. To ease them into their new reality, parents need to create a warm, inviting and personalized space for the children so that they feel comfortable. Here are some tips on how to make a new or second dwelling feel like home:

1) Create a ‘Kids Zone’. Ensure there is a designated space for the children. Having their own bedroom will make them feel less like a guest and more like their home. If finances don’t permit, try to make the shared space special to them or designate a part of that space specifically for the children. Ensure the space has the functionality the children require such as sleep space, homework space, play space, space for friends, etc.

2) Involve the children in the process. No matter how old they are, have the children help decorate. If hiring a professional, have them consult with the children too. If they are older, set a budget and partner with the children in the design of their space. If they are younger, let them pick out their own pillows, bedding and decorations. If budget is a factor, create some DIY projects they can help with to save money. If they have a hand in creating their space, they will be more excited about it and it will be a more positive experience for them despite their parents’ separation.

3) Don’t be a hotel. Ensure they have a second set of key things so that they do not have to pack a suitcase every time they come over. They need to feel like it is their home, not a vacation. They may even want their room decorated the same way as their other home – which is fine. A second toothbrush and other toiletries, a good supply of clothing and pajamas, linens, toys, school/art supplies, etc. would be great to have. If they have a specific item they are attached to, try to purchase a second one. This way when they come over, they are coming home, rather than coming to visit.

4) No surprises. Keep a calendar visible that shows the children’s extra-curricular activities, when they will be with mom and dad, any family events they will participate in, etc. This way, they will feel more in control.

These tips will help ease children into their new environment and routine. If they are in a happy space, it will definitely help boost their mood and help them better cope with some of the feelings they may be having related to the separation. Even if it takes a small investment, it will be well worth it in the end.

By Erin Lazer, Owner of SpaceStyle Home Staging, Organizing and Design, www.SpaceStyle.ca, erin@spacestyle.ca