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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 03-01-2017, 09:13 PM
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Default Another quick Q for the smart folk

So my one not too bright friend (I asked stuff before and his sitch) signed a SA when he shouldn't have. Pays her $300/month CS

Fast forward to now... she's sick of the fighting and wants it to be like before.
50/50 custody and no CS exchanged
Her income 90k his 70k FYI

My question is this... what would we need to do? I was originally thinking chapters kit citing the changes to CS and agreeing to 50/50 and attaching the original. If go this route... bother filing or just keep signed copies by both parties and witnesses
OR
I saw the motion to change with consent form online. Would that do? Or is there a different, Quick and easy form and even file with the courts perhaps so she can't say 10yr later he hasn't paid lol.

Thanks gang
Phats


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Old 03-01-2017, 10:58 PM
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basket motion. see http://www.ottawadivorce.com/forum/f...-motion-20467/
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Old 03-02-2017, 09:17 AM
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You can't have an agreement in which parents do not pay child support. If the parents want to change to 50/50 residency (not "custody"), that's fine, but then each parent would need to pay the other one the amount of child support associated with their income in the Federal Child Support Guidelines ("offset"). There are dozens of threads dealing with offset here.

You could also put in the agreement that each parent will pay the other parent child support, and then if one parent doesn't do so, it's up to the other parent to pursue the matter or not.
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Old 03-02-2017, 10:10 AM
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Quote:
Originally Posted by stripes View Post
You can't have an agreement in which parents do not pay child support. If the parents want to change to 50/50 residency (not "custody"), that's fine, but then each parent would need to pay the other one the amount of child support associated with their income in the Federal Child Support Guidelines ("offset"). There are dozens of threads dealing with offset here.



You could also put in the agreement that each parent will pay the other parent child support, and then if one parent doesn't do so, it's up to the other parent to pursue the matter or not.


Pretty sure you can. If both parties agree. Clearly both parties self sufficent.

I could see if a wife wanted to waive it making 30k and the husband made 90. Judge wouldn't allow it


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Old 03-02-2017, 10:45 AM
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Quote:
Originally Posted by phatkid77 View Post
Pretty sure you can. If both parties agree. Clearly both parties self sufficent.

I could see if a wife wanted to waive it making 30k and the husband made 90. Judge wouldn't allow it


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Child support isn't about parents being self-sufficient, it's about the children's right to receive appropriate financial support from each parent. It's the children's right, not the parents, so parents can't sign it away.

In a very few circumstances, child support can be reduced or altered, but you'd have to make a strong case for why your situation fits these circumstances.

As I said above, what goes into a legal agreement and what people actually do can be different.
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Old 03-02-2017, 11:27 AM
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I guess. Seems crazy. Family courts is rediculous. Like you said. One might be ordered to pay. But whether the other takes it is different story..
think my friend would rather a ruling she owes money and he doesn't take it VS current arrangement. Him paying when he shouldn't have to as the parent earning less...


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Old 03-02-2017, 12:26 PM
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if the incomes are close and the amount of child support isn't significant then it can be waved.

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Old 03-02-2017, 02:20 PM
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Quote:
Originally Posted by phatkid77 View Post
So my one not too bright friend (I asked stuff before and his sitch) signed a SA when he shouldn't have. Pays her $300/month CS

Fast forward to now... she's sick of the fighting and wants it to be like before.
50/50 custody and no CS exchanged
Her income 90k his 70k FYI

My question is this... what would we need to do? I was originally thinking chapters kit citing the changes to CS and agreeing to 50/50 and attaching the original. If go this route... bother filing or just keep signed copies by both parties and witnesses
OR
I saw the motion to change with consent form online. Would that do? Or is there a different, Quick and easy form and even file with the courts perhaps so she can't say 10yr later he hasn't paid lol.
Assuming one child:
The $90k CS obligation is $801.
The $70k CS obligation is $639.
Offset would be $162. Half offset would be $81.
But he's been paying $300 instead of receiving $162?

Why on Earth did he sign that? I can see why there may have been fighting. So she's offering to renegotiate the $300 away, but still isn't willing to pay the $162? Likely she feels she's already making concessions or something.

The half-offset of $81 a month is the fairer amount anyway, so perhaps he could counter-offer to change to her paying him $81 instead of her offer of zero. But in the end, if he has to give up receiving $81 a month to avoid court, which would cost a whole lot more, it's still better than paying $300.

The more important thing I'm seeing in your post is that the 50-50 access isn't agreed to in any paperwork? Get that part signed!

If they both agree, it could be a piece of paper that says what they have agreed to change, and they both sign it with a witness. I guess it doesn't seem as official; maybe they need to have a lawyer sign it.

If they go with a motion to change with consent, they just fill out the form, both sign it, and a judge stamps it. A judge would stamp a non-standard CS agreement, as long as the parents have a reasonable explanation of why they are deviating from the legal norm. Two parents with good incomes not worrying about a small amount changing hands seems reasonable to me.
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Old 03-02-2017, 04:59 PM
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Quote:
Originally Posted by Rioe View Post
Assuming one child:
The $90k CS obligation is $801.
The $70k CS obligation is $639.
Offset would be $162. Half offset would be $81.
But he's been paying $300 instead of receiving $162?

Why on Earth did he sign that? I can see why there may have been fighting. So she's offering to renegotiate the $300 away, but still isn't willing to pay the $162? Likely she feels she's already making concessions or something.

The half-offset of $81 a month is the fairer amount anyway, so perhaps he could counter-offer to change to her paying him $81 instead of her offer of zero. But in the end, if he has to give up receiving $81 a month to avoid court, which would cost a whole lot more, it's still better than paying $300.

The more important thing I'm seeing in your post is that the 50-50 access isn't agreed to in any paperwork? Get that part signed!

If they both agree, it could be a piece of paper that says what they have agreed to change, and they both sign it with a witness. I guess it doesn't seem as official; maybe they need to have a lawyer sign it.

If they go with a motion to change with consent, they just fill out the form, both sign it, and a judge stamps it. A judge would stamp a non-standard CS agreement, as long as the parents have a reasonable explanation of why they are deviating from the legal norm. Two parents with good incomes not worrying about a small amount changing hands seems reasonable to me.


He dumb and signed when he shouldn't have. She had a lawyer. He was sick of hearing from her and signed it not reading. But she agreed to accept no money. The. Year later or so decided wanted the $300
I'm sure she wouldn't want to pay the $162. But my friend isn't seeking. Just not to pay when he never should have been. I forget the wording of the agreement. But her lawyer did it as such he has like 40%.
We work same shift. I pick up my son after work tue nite for example and he gets weds after school... and actually she had it she had every tue (no reason. Just so he was under 40%... my ex tried this as well...) but as I said he signed. Didn't read. When he tried to change it. He wasted $5k as he didn't have a change in circumstances to bring in front of a judge


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Old 03-02-2017, 05:43 PM
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Offset child support is not mandatory for shared custody. Shared custody can have almost any amount of child support, all the way up to (and conceivably more than) table support. Zero child support is certainly within the range.

I imagine the situation here is that if Dad fights for the $160, then Mom will stick him with less than 40% custody, and so instead of getting $160 he will be paying the $300 or more, and see the kids less. Letting mom off the hook for the $160 might be a good deal.

Incidentally, I calculated it to be closer to $140, maybe I entered the numbers incorrectly.

If I was the father, I would establish the custody first, and then a year from now go for the child support. It doesn't work well for fathers to go for money and custody at the same time.
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