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Old 09-03-2010, 07:47 PM
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If the spousal agreement requires the application of the Child Support Guidelines, then the set-off is already written in, as the set-off is section 9 of the guidelines. Unless you have some kind of really vague wording, you shouldn't need any change in your court order. She can complain but she has nothing to stand on.

Section 9
Quote:
Shared custody
9. Where a parent or spouse exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the order for the support of a child must be determined by taking into account,
(a) the amounts set out in the applicable tables for each of the parents or spouses;
(b) the increased costs of shared custody arrangements; and
(c) the condition, means, needs and other circumstances of each parent or spouse and of any child for whom support is sought. O. Reg. 391/97, s. 9.
Just to compare, my separation agreement specifies the application of the guidelines, so the set-off is automatic as long as we have a 60/40 split. We do mention "as per section 9" but don't bother to go into detail of set-off method.

How is you SA worded in terms of CS? Does it specify amount, or just "Table"?
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