View Single Post
  #4 (permalink)  
Old 11-08-2017, 04:58 PM
HammerDad HammerDad is online now
Senior Member
Join Date: May 2010
Location: Hamilton
Posts: 3,725
HammerDad will become famous soon enough

As it sounds like you aren't self employed, I would agree to adjust child support based off Line 150 of your prior years NoA. Whether your income goes up or down within a year is immaterial. You base everything off of your actual income for the year. I would not agree to a provision that restricts your ability to adjust c/s on your actual income for the prior year, and that does not contemplate any sort of catastrophic circumstances to you (ie. injury, loss of the job etc.)

As for her enrolling the kids into activities on the weekends, there are few questions:

1. are you able to ensure they get to the games? Activities are good for the kids and if you can be an active participant and encourage them, that is ultimately the first choice. If you can get them to the activity, then there is no reason for the ex to limit your parenting time.

2. if you can't get the kids to the activities, are these activities that they used to do prior to the divorce? If yes, then a court would likely order that the kids be able to continue. The logic behind that is that it isn't their fault you and the ex decided to divorce. That said, the kids should still come to your place for the weekend. You then make sure they go and you get to show them you are an active parent and willing to accommodate their interests.

3. if the kids didn't do these activities before, did you consent to them being in them? If you consented to them being in the activity, then you kinda are stuck and need to make sure they can go. Again, the kids should still come to your place for your parenting time. If you didn't consent to the kids being involved, then the ex had no right to register the kids in activities that interfere with your parenting time. The ex needs your consent to involve the kids in stuff that would be on your time with them.

What sports/activities are we talking about? If it is a sleepover at friends or the ex's family (or similar activities) you tell the ex to either a) get your consent or b) schedule the activity on their parenting time. If the kid is an elite athlete and are going somewhere with it, then you may have to accommodate. But if it is house league hockey or rec dance, the kids are likely better off spending time with their other parent.
Reply With Quote