Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 07-23-2015, 12:18 AM
Junior Member
 
Join Date: Mar 2015
Posts: 9
wetsnot is on a distinguished road
Default Increase Access Time while being in Arrears.

Father has every Friday to Saturday with our children and then Friday to Sunday with them alternating weekends.

Father is currently in arrears of approx. $10000 and has essentially never paid support until a few months ago. He has brought a motion to reduce child support because he says he lost his job and wants support to be the minimum amount but he wants a increase in access.

Now he is asking for a increase in access to Friday to Sunday evenings every weekend.

Thoughts?
Reply With Quote
  #2 (permalink)  
Old 07-23-2015, 12:31 AM
Senior Member
 
Join Date: Apr 2013
Posts: 1,349
Beachnana is on a distinguished road
Default

Well you cannot use arrears or any financial issues asa means of leveraging access and that goes for both parents.

I doubt if it would be acceptable to you if he got every weekend, so just look at the week and see how you can split the time and it works best for the children. The. Make a counter offer on the access. But do not bring the arrears into the conversation.

Child support is based on income. So,is he likely to get another job anytime soon. Is he trying, can you his usual income inputed on him for purposes of calculating CS. Did he get severance? All things you will need to figure out to access the income and CS changes.

But they are not to be part of the access discussion. So I have been informed seceral times on this forum. Good to know, as the judge would not likely appreciate that type of thinking.
Reply With Quote
  #3 (permalink)  
Old 07-23-2015, 01:48 AM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

So he wants to have all weekend every weekend with the kids? That doesn't sound right - he gets all the fun time and Mom gets all the school nights? What about a counter-offer where he would get another night during the week?

It sucks that he is not paying his support, but that's a completely different issue from access. By "the minimum amount", do you mean the amount corresponding to his income in the federal child support guidelines?
Reply With Quote
  #4 (permalink)  
Old 07-23-2015, 02:34 AM
BF BF is offline
Banned
 
Join Date: Jun 2015
Posts: 21
BF is on a distinguished road
Default

Do the kids want to spend more time with your ex?

If so, that is what should be most important to you although "every weekend" does not seem very fair to anybody IMO, especially the kids. I agree with Stripes in this regard.

Your ex appears to be seeking 6/14 days on a 2-wk rotation. Work with that to start and try to achieve what you feel is best for the kids.

The scenario above would be 2% over the 40% threshold that will likely affect your CS moving forward. You may need to litigate / mediate / arbitrate a straight CS offset amount or NDI or Contino (CanLii.org for Contino for reference) of table amounts; as anything above 40% access equals "shared" parenting outside of "custody" according to section 9 of the Guidelines.

It should not, however, affect the CS arrears unless your ex takes you to court for an adjustment or a void of those arrears -- this has indeed happened to encourage "settlement in the best interests of the kids."

Not meaning to set off any alarm, but you have not disclosed any indication of your financial predicament to be a cause for concern.

Think hard about what the kids want / need. That is the priority.
Reply With Quote
  #5 (permalink)  
Old 07-23-2015, 07:44 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,228
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

CS And access are mutually exclusive. His being in arrears has NOTHING to do with the amount of time he sees his kids. He's not buying their time from you. Unless there is some reason why (neglect, abuse or distance between homes that would make it very difficult etc) he should not be around the kids, he should have them a minimum of half the time.

He wants more time with his kids, is capable and willing. Why should he not have them? would you accept the current arrangement in reverse if he offered it to you?
Reply With Quote
  #6 (permalink)  
Old 07-23-2015, 07:53 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,228
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Interestingly, this is a much different story than you posted in your previous thread 3-4 months ago where he owed 20k in CS and you supported the Friday to Monday schedule.

So it seems that he has managed to pay 10k in CS in a very short period of time. So what changed that you suddenly don't support him spending more time with the kids...?
Reply With Quote
  #7 (permalink)  
Old 07-23-2015, 08:42 PM
Junior Member
 
Join Date: Mar 2015
Posts: 9
wetsnot is on a distinguished road
Default

Sorry...it's a typo...i meant to say the father is still in arrears of $20000. He has provided a NOA that says he makes $5000 a year and he wants increase access time.

My question is he can barely afford to support himself let alone 2 children with the increase in access.

I fully support the Fri-Mon access schedule but I want it to be every other weekend. He wants fri-sun every weekend.
Reply With Quote
  #8 (permalink)  
Old 07-23-2015, 09:47 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,228
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Yeah, I'm sure you can see how that would be confusing given your previous post, the thread title and the lack of mentioning any of that.

It's up to him how he manages to support the kids while with him. He clearly doesn't feel it's a problem.

You don't want it to be every weekend then offer the same amount of time (at least) at another time during the week.

Last edited by blinkandimgone; 07-23-2015 at 09:49 PM.
Reply With Quote
  #9 (permalink)  
Old 07-24-2015, 08:34 AM
Senior Member
 
Join Date: Aug 2011
Posts: 138
Toutou is on a distinguished road
Default

Are you worried that considering his low income, if you agree to that amount of time, you will have to pay him support?
Reply With Quote
  #10 (permalink)  
Old 07-24-2015, 10:26 AM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,518
LovingFather32 is an unknown quantity at this point
Default

What these poster's said.

Quote:
Originally Posted by BlowFlower View Post
Do the kids want to spend more time with your ex? If so, that is what should be most important to you
Even if they don't want to it's your job to encourage it.

Quote:
Originally Posted by blinkandimgone View Post
It's up to him how he manages to support the kids while with him. He clearly doesn't feel it's a problem.
Don't immerse yourself in his finances. He wouldn't ask to see the children more if they were going to be starving on the street.

Quote:
Originally Posted by blinkandimgone View Post
You don't want it to be every weekend then offer the same amount of time (at least) at another time during the week.
Blink explained this well. Every weekend may be an issue for sure .. luckily there are other days n the week.

Be sure to follow the:
Quote:
Maximum Contact Principle....regardless of arrears or finances.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Can Access time be enforced? Busch Divorce & Family Law 5 03-21-2015 11:34 PM
Financial Hardship not fighting for more Access time, trying not to lose what I have. ScaredandConfused Divorce & Family Law 3 12-14-2012 04:18 PM
Father's Day Access; Appeal; Stay of Execution singledadoftwogirls Divorce & Family Law 0 05-07-2012 06:07 PM
Police undertaking overrides order for access? formyGirls Divorce & Family Law 8 05-23-2011 04:32 PM
Access Issues and Child Support New2thisforum Financial Issues 17 12-28-2010 06:14 PM


All times are GMT -4. The time now is 06:51 PM.