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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 04-26-2016, 01:14 PM
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Default Paying Full Table CS with 50/50 Shared Parenting

As you know I have 50/50 shared parenting.

I also pay most of the extra curricular (i.e - Ballet: 60/month ; $70 costume for ballet recital, soccer, swimming, ; Milk - school). etc

My order states that my ex should be seeking employment and that once she does we change to the set-off CS format.

My order also states that I am to go to family counseling and mediation before I can bring any future motions.

I'm pretty strained financially, paying all of this plus full table C/S. Our child is in full day school every day (what does ex do all day)? I know .. not my business .. but it's becoming my bank account's business).

Can my ex attempt to claim that this is status quo later? (I got used to not working lifestyle and collecting cash from LF32 ... I want that to be my SS for life?)

What are my options here? If any?

Thanks

LF32
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Old 04-26-2016, 01:28 PM
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Originally Posted by LovingFather32 View Post
My order also states that I am to go to family counseling and mediation before I can bring any future motions.
Surprised the judge didn't fix that to state Arbitration. Most of them do fix that common mistake. The only thing a judge will enforce is arbitration. You can simply suggest mediation, get a denial response and then go to court. So you are not blocked from going to court. You can also walk into the mediation and walk out 30 seconds latter and state it failed. As mediation is closed the other party can't even discuss why it failed or what happened. (Until it comes to determining costs that is.)

Mediation clauses are worthless. When doing an agreement you should always search and replace "mediation" with "arbitration".

[QUOTE=LovingFather32;207546]Can my ex attempt to claim that this is status quo later? (I got used to not working lifestyle and collecting cash from LF32 ... I want that to be my SS for life?){/quote]

There is an order with other instructions as you stated. She will have a reasonable amount of time to find employement but, you do realize that you will be paying CS anways. Offset won't reduce what you are paying much if you are making say 100,000 and the other parent is making 30,000.

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Originally Posted by LovingFather32 View Post
What are my options here? If any?
On the next adjustment of CS a year after the original agreement was reached you can request the other party impute an income of 30,000 if they haven't found employment. If they fail to agree you can request mediation, provide the names of 3 mediators to choose from and specifically state it is to have income imputed. They again will say no and then you can now go to court to seek that.

I would give it 2-3 years to be "reasonable" but, you know your file better than anyone would.

Good Luck!
Tayken
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Old 04-26-2016, 01:42 PM
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Its been almost six months right? And youre going to be exchanging taxes this week?
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Old 04-26-2016, 02:12 PM
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Start collecting job posting that you know she would qualify, being that the other Provence is right across 25 mins away no reason to not be employed.

This way when they say no jobs..you hand them their own copy of what you have found. Come in handy for future court time too.
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Old 04-26-2016, 02:15 PM
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Can you now claim shared custody for purposes of the child tax credit? It might help a little to mitigate the extra expenses. This might be something that you can do faster than imputing income to her which may take 2-3 years.
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Old 04-26-2016, 02:41 PM
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Im not an expert but Im wondering if at the six month mark you can request mediation to determine off set cs. Not her finding a job but off set since its been six months, she was ordered to find a job and youre free through the months of July and August to provide support for daycare. If she rejects it then file a motion for imputing income and off set support.

Also watch the job boards and start printing jobs she could do (both qualified in her field and other admin type jobs) to arm yourself.

When my partners lawyer talked to us about this he said my partner would need to show that he has been applying. Our answer was that he was applying to about four jobs per day and he could show attendance at job fairs, open houses and follow up calls to his applications. The lawyer said thats more than the court would expect. Recall too that he wasnt asking to reduce support, that was more to answer the question if he was purposefully underemployed.
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Old 04-26-2016, 03:28 PM
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Quote:
Originally Posted by PeacefulMoments View Post
Can you now claim shared custody for purposes of the child tax credit? It might help a little to mitigate the extra expenses. This might be something that you can do faster than imputing income to her which may take 2-3 years.
From my research with CRA, only the sole custodian or child support receiver can claim child tax credits of any kind.

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Old 04-26-2016, 03:44 PM
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Default Feeling it financially

Quote:
You can simply suggest mediation, get a denial response and then go to court. So you are not blocked from going to court. You can also walk into the mediation and walk out 30 seconds latter and state it failed.
Good point. While she's unemployed she would still be eligible for LAO, which would provide "mediation" free of charge. (Is LAO still at her disposal given all of this)?

My order states family therapy as well before a motion. But I can't see how CS could be solved with family therapy anyways.

Quote:
Mediation clauses are worthless. When doing an agreement you should always search and replace "mediation" with "arbitration".
Noted for the future. Good advice.

Quote:
Its been almost six months right? And youre going to be exchanging taxes this week?
That's right Rock. May 1st we exchange our tax stuff. Should be interesting.

Quote:
Start collecting job posting that you know she would qualify, being that the other Provence is right across 25 mins away no reason to not be employed.
Already done GoodMom. I have a file with monthly job openings, many gov't jobs looking for bilingual candidates (such as her) and willing to train. Many pay more than I make.

Quote:
Can you now claim shared custody for purposes of the child tax credit? It might help a little to mitigate the extra expenses. This might be something that you can do faster than imputing income to her which may take 2-3 years.
Hey Peaceful .. how are ya? Yes this is part of the order as well. I get even years and she gets odd years regarding child tax credit stuff.

Quote:
Our answer was that he was applying to about four jobs per day and he could show attendance at job fairs, open houses and follow up calls to his applications. The lawyer said thats more than the court would expect.
Yikes. I'm guessing that's what my ex will do also. I'm tying I'm trying (not really).

It seems requesting mediation might be the next logical step to try and figure out the offset .. boy that'll ruffle her tail feathers when I talk to her about that.

I have 50% the expenses (and more since I pay much of the other stuff) ... so I'm feeling the financial distress of full table CS, as if I were an EOW.
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Old 04-26-2016, 04:15 PM
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Im thinking the mediation and counseling is for child related stuff like vacations access etc. parenting decisions and so forth.

For financial stuff Im going to say that that is open ended especially since the order says shes supposed to be looking for a job.

When you exchange income tax it might be beneficial to open the discussion. As in now that we've reached six months of 50/50 and we've exchanged financials i would like to discuss moving to off-set child support calculations. Depending on what her answer is you could then say i will be filing a motion for off set support and to have an income imputed to you. Or something along those lines.

She was ordered to find a job. D4 has been in school for four months. Theres nothing stopping her from looking and applying which I have a feeling she hasnt done. This might spur some action.
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Old 04-26-2016, 05:50 PM
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Tax time seems like the ideal time to open this, as this is when adjustments to CS normally get made (as parties' incomes change and payment amounts change. How about:

Dear Mom,

As we update our child support payments, I would like to move to offset child support beginning June 2016. Please supply me with your income information so that an appropriate amount can be calculated. If you do not have income information to report, I will begin the process outlined in paras ABC of our order to seek that an income of $30 000 be imputed to you, retroactive to June 1 2016. Please let me know your response by May 15 2016.

Sincerely, Dad

I wouldn't bother with keeping a job clipping file. It's not your responsibility to find employment for her, and you don't want to get sidetracked into arguing about the merits or drawbacks of particular jobs. It seems pretty clear to me that if the child is in full time care, Mom lives in a major centre and Mom has not been deemed disabled, an income of $30 000 is not unreasonable to expect, even in a recession.
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