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Old 10-16-2012, 08:01 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Unevenplayingground View Post
Tayken,

I don't think I am getting this 100% (it has been a long few days). I'm going to try and explain this, and hope it makes sense.

Common law couple split 2002.
Have verbal shared custody agreement.
In 2005 they both sign written agreement (amongst themselves) stating shared custody, with the ex-husband paying cs.
in 2011 husband is relocated due to employment, custody "battle" starts, also includes working out new CS payment, as child stayed with mother until primary custody was determined.

Can the father claim any legal fees associated with the cs? I'm thinking no, but just want to make sure.

Thank you for any feedback!
Hard to say... If the mother is the primary caregiver and custody is with the mother possibly not. Not an expert in this area but, the jurisprudence in support of this article is about 50-50 access and joint custody dispute. So not sure how it could be leveraged in the matter you are describing.

The best person to ask would be a tax lawyer and second best a chartered accountant on the tax Rule.

Good Luck!
Tayken
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