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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-30-2012, 12:44 PM
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Default 50/50 custody and Extra Payments

If we have a 50/50 custody agreement and are paying the child support based on guildline. Does the higher income parent have to pay more for extra carricular activities? Such as a 60-40 cost split?
What if the costs are not something used by the higher income parent.

Ie. We have 50/50 custody based on one week with us, one week with her etc..
She requires daycare and we don't. Are we still required to pay 60 of the cost for daycare that we don't use? only on her week.
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Old 05-30-2012, 05:53 PM
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As far as daycare, yes, the daycare is for the child and you split the expense in proportion to your incomes. This clearly written into the legislation, you don't really have any wiggle rooom.
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Old 05-31-2012, 12:21 AM
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Unless you can provide care for the child at the times she needs daycare. You could offer it, but she is not obligated to accept it. Does save you both money though!
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Old 05-31-2012, 02:29 AM
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In another thread you state the mother is not working. If that is the case...how is her income determined?
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Old 05-31-2012, 08:29 AM
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If you have first right of refusl in your agreement can you refuse to pay for the others daycare if she won't let me have the children at that time?
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Old 05-31-2012, 09:47 AM
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She quit work and decided to go back to school when they split so she has OSAP.
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Old 05-31-2012, 09:54 AM
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I can't help but think this sytem is a little flawed... We have our step son half the time, yet we have to pay her, and pay more for what he does (even if we don't need it) when my husband has worked for years to get to the salary he is at... She decided to quit work and take up being a student so our support increase.. ridiculous.. I would love to go back to school, but I have my own child and finanical responsibilities, coupled with what we pay her-- and wait I don't have an ex i can finacially rely on.. Not to mention her boyfriend of 3 years makes 6 figures and they are off on vacations 5 times a year (not one of which they have brought her son on) .. Oh and the whole mobility thing I mentioned before, is because hes buying them a mansion in the west end... Syystem Flawed. Sorry for the rant but it's just one thing after the next..
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Old 05-31-2012, 10:00 AM
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If the courts are looking out for the best intrest of the children, The should instill some system to ensure the support money given to the recieving parent is actually being spent to support the child.
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Old 05-31-2012, 10:03 AM
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Quote:
Originally Posted by lemontree View Post
I can't help but think this sytem is a little flawed... We have our step son half the time, yet we have to pay her, and pay more for what he does (even if we don't need it) when my husband has worked for years to get to the salary he is at... She decided to quit work and take up being a student so our support increase.. ridiculous.. I would love to go back to school, but I have my own child and finanical responsibilities, coupled with what we pay her-- and wait I don't have an ex i can finacially rely on.. Not to mention her boyfriend of 3 years makes 6 figures and they are off on vacations 5 times a year (not one of which they have brought her son on) .. Oh and the whole mobility thing I mentioned before, is because hes buying them a mansion in the west end... Syystem Flawed. Sorry for the rant but it's just one thing after the next..
Her unilateral decision to go back to school should not affect the amount c/s either parent is obligated to pay or s7 expenses.

I would simply state that she has an obligation to provide for the children. Her choice to return to school does not circumvent this obligation. In situations like this the courts have done 1 of 2 things. Either:

a. imputed an income to the parent equal to the level they are capable of making or were making prior to their decision to leave the work force; or

b. use the households income as their income as their needs to be some income to support themselves and the child. If that is through a new spouse, then that spouses income would be used for c/s and s7 purposes.

But she can't say "I am going back to school so I now have an income of $0.00". The courts don't allow that.

There were actually a few cases in the past 6-7 years that are on point with this (going back to school and claiming a reduced income) and the courts rebuffed that parents decision and imputed an income to them equal to what they made before.
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Old 05-31-2012, 10:14 AM
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I should correct myself.. She was working on contract and the contract never renued so she claimes. She applied for EI and thats the salary our support is based on. Sat on EI for a year and Instead of seeking another job, she decided to become a student. So there was a significant decrease in the income and increase in our support.
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