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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 08-27-2015, 04:44 PM
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Default case law for shared access 50/50

hi looking for case law examples of a childrens schedule being 50/50..or shared equally - no monthly CS

anyone have a few handy?? save me some search time
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Old 08-27-2015, 06:26 PM
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Thats too broad of a requirement and you aren't paying me enough to do legal research. - canlii.com
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Old 08-27-2015, 07:03 PM
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Are you looking to find out what types of special circumstances (other than equal incomes, or perhaps high access costs incurred by the would-be net payor) would warrant a judge ordering that no CS would be payable?

You could tell us what your circumstance is, then someone here might have an opinion on it...
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Old 08-27-2015, 07:26 PM
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just wondering if there was some case law, where both parents are exceptional at parenting, and there is no real reason for children's access not to be equal. both working full time with fairly decent paychecks.

we're essentially on a 60/40 split now, but their mom wants to back that off now to more of a 70/30.

one child is 12 and always wondered in the first place it wasnt always 50/50. he'd like to spend more time with me.

judge hearing some arguments in a week or two!
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Old 08-27-2015, 07:27 PM
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so if there was some case law to refer to , that essentially says that there is no real reason why it shouldnt be 50/50, is what i'm after
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Old 08-27-2015, 07:51 PM
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In that case, you have to make it clear to the judge that this has nothing to do with CS.

What is current CS calculation method - full table or offset? If it is currently full table, then you will have a bigger challenge avoiding the 'he just wants to pay less $' argument.

You will be arguing for a change to current arrangement (40/60 to 50-50) and your ex will also be arguing for a change to current arrangement (40/60 to 30/70). Judges generally need a clear reason to change a stable arrangement.

What were the original reasons for 40-60? How long ago was that put in place? Any changes in circumstances since then?

What/who/Why initiating reopening the schedule at this time?
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Old 08-27-2015, 09:44 PM
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No child support only if both make same money. If someon makes more they will pay
My example. $15000 more equals like $130/mnth


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Old 08-31-2015, 09:17 AM
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Hmmmm. You should just do some research on CanLii..and google key words like shared parenting etc, and then narrow it down within your province.

You can also google maximum contact principle as well. That will give you some good results.

Those will get you some obvious results. The devil is in the details and you will have to cherry pick arguments from those cases to fit your case.
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Old 08-31-2015, 01:44 PM
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It is very unlikely that a judge would ever order that no CS is paid, even if parents' incomes were identical down to the penny and the children spent equal amounts of time in both households. In that situation, parents would most likely to be ordered to pay each other the amount of child support specified by the guidelines. If the incomes were equal, the amounts would cancel each other out and the net transfer of money would be zero.

There's a big difference in meaning between "the parents shall pay each other CS" and "no CS shall be paid", even if the amount being transferred is zero in both cases. In the first case, both parent are still obligated to pay.

I suggest you forget about creating a scenario in which you have no obligation to pay child support and focus instead on why a 50/50 living arrangement would be best for the kids. You have to make the argument that this living arrangement would be better than the one which exists now.
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