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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 01-19-2006, 03:13 PM
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Default Child Support on 50-50 Access

With the recent decision at the SCC regarding Contino, I was wondering what my expectations should be regarding support variations at 50-50 access.

I pay the full table amount at the beginning when I had basically no access (following the guidelines). After two years we went 50-50 access.

We initially discussed at mediation how we would be using the offset amount when we reach 50-50. Unfortuntaley nothing was signed though - just the intitial full payment. Now she wants full support even with 50-50. So I have to go to court (nice, eh).

One child, I make 70,000 and she makes 35,000.

Thanks.
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Old 01-19-2006, 05:54 PM
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I don't think it should be too difficult if you have 50-50 custody. It is easier to change support orders than custody orders. Although changing an order can be costly with legal fees involved.

There are many Dads on this forum that have little access to their children, perhaps you could share with them how you went from no access to shared custody.

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Old 01-19-2006, 06:22 PM
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I was wondering though, what formula or procedure they will use. Is it straight off-set (as was explained in mediation)? Do they look at receipts? Expenditures? Basically, what am I in for come trial time? I have been searching the Can Law II database for recent decisions and I can't find any cases that are simply a person trying to get their CS reduced based on 50-50. Usually the cases posted there are far more complicated.

To answer your second question; a lot of money (30K), hard work, be ruthless, and drag your kid(s) right into the middle of it. There is no other way. It is war.
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Old 01-19-2006, 07:55 PM
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I would think you would be somewhat sucessful with the offset amount factoring in what each would pay the other.
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