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
  #11 (permalink)  
Old 04-27-2016, 12:54 AM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

Why the F*** are you paying full child support? As soon as custody became 40%+ you should have made an adjustment, what kind of craziness is this? You need to wait for the year end to adjust....

As for imputing income, I would wait the 2 year mark. I am in a similar boat, I will wait for 2 years from the last time a judge said "not just yet" and then file again.
Reply With Quote
  #12 (permalink)  
Old 05-03-2016, 11:29 AM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,518
LovingFather32 is an unknown quantity at this point
Default

My order specifically states that on May 1st of each year we exchange NOA's. I got my taxes done a bit late this year so Ill have to wait for those.

Not sure if I should bring up the whole "seeking employment/Offset" thing yet to ex. This summer will be tough as school is seasonal, EI isn't an extravagent amount and I'll have D4 week on/week off (which makes it tougher to find PT work) ... and all the while still paying full table CS.

Guess I'll have to figure this one out.
Reply With Quote
  #13 (permalink)  
Old 05-03-2016, 03:54 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,225
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Quote:
This summer will be tough as school is seasonal, EI isn't an extravagent amount and I'll have D4 week on/week off (which makes it tougher to find PT work) ... and all the while still paying full table CS.
If CS is calculated on your annual income, the summer CS payments while you're on EI shouldn't be an issue as you know you are paying $XX amount so can put a bit extra away every month from September to June to cover the amount for those months. If this is your regular schedule, it already takes into consideration that you have less money in the summers.

Not that I agree with having to pay full CS when you have 50-50, just that the amount you pay already accommodates your lower income in the summer.
Reply With Quote
  #14 (permalink)  
Old 05-04-2016, 02:27 PM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,518
LovingFather32 is an unknown quantity at this point
Default

Quote:
Originally Posted by blinkandimgone View Post
If CS is calculated on your annual income, the summer CS payments while you're on EI shouldn't be an issue as you know you are paying $XX amount so can put a bit extra away every month from September to June to cover the amount for those months. If this is your regular schedule, it already takes into consideration that you have less money in the summers.

Not that I agree with having to pay full CS when you have 50-50, just that the amount you pay already accommodates your lower income in the summer.
Thanks Blink.

I've put away what I could throughout the year .. but it hasn't been much, especially since I still have a hefty legal bill I'm trying to pay off (and still slowly paying off the retro from when D4 was abducted).

Luckily work doesn't bother me in the least, so every week I don't have D4 I'll work my butt off as an ABA therapist, performing magic, deliveries with my truck .. and whatever else I can every week I dont have her. It just sucks that some get to sit on their couch all day collecting welfare (while running a home day care for extra $$) watching soap operas while the kid is in FT school. But then again .... I wouldn't want that life.
Reply With Quote
  #15 (permalink)  
Old 05-04-2016, 02:55 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,973
rockscan will become famous soon enough
Default

Have you reported her to welfare? You *could* also call CAS to investigate the daycare...just saying...if they have the report of the daycare then welfare will have proof its happening...
Reply With Quote
  #16 (permalink)  
Old 05-04-2016, 03:05 PM
Senior Member
 
Join Date: Nov 2015
Posts: 228
PeacefulMoments is on a distinguished road
Default

I would put my focus on imputing an income when the circumstances are ripe more so than on her obtaining employment. You can't make her work, but you can try to have an income imputed so that the offset CS and percentage of S7 will be more reasonable. Hopefully by now you are receiving your portion of the monthly child benefit also. She would receive half of her entitlement and you would receive half of your entitlement under shared custody.

Don't let her rent so much space in your head for free. Easier said than done, I know, but it will make your life more peaceful if you can.
Reply With Quote
  #17 (permalink)  
Old 05-04-2016, 03:39 PM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,518
LovingFather32 is an unknown quantity at this point
Default

Quote:
Originally Posted by PeacefulMoments View Post
I would put my focus on imputing an income when the circumstances are ripe more so than on her obtaining employment. You can't make her work, but you can try to have an income imputed so that the offset CS and percentage of S7 will be more reasonable. Hopefully by now you are receiving your portion of the monthly child benefit also. She would receive half of her entitlement and you would receive half of your entitlement under shared custody.

Don't let her rent so much space in your head for free. Easier said than done, I know, but it will make your life more peaceful if you can.
All good points.

My order states that I get all child tax benefits in even years and she gets odd years. So of course I applied and received a letter from CRA back stating that there were "residency issues" so I couldn't have it. Pretty sure its because 2016 benefits were for 2015 year, and I didn't have 50/50 then. So I guess I get it next year?

Regarding imputing her income .. I'm being told to wait 2 years for that by most. I'm guessing there's a good reason for that. Not sure.

Rock .. yea the thought crossed my mind about reporting......just hate rocking any boats.
Reply With Quote
  #18 (permalink)  
Old 05-04-2016, 03:56 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
Have you reported her to welfare? You *could* also call CAS to investigate the daycare...just saying...if they have the report of the daycare then welfare will have proof its happening...
I would strongly advise against this. CAS exists to protect children at risk of abuse or neglect. Unless there is evidence that Mom is neglecting or abusing children, calling CAS just to get proof that she's looking after kids in her home is inappropriate.

I agree with most other posters, focus on imputing income rather than getting Mom employed. It's up to her whether to seek work, stay home all day, whatever. But if she is able to work, whether she actually works or not, she should be paying CS based on an estimated income.
Reply With Quote
  #19 (permalink)  
Old 05-04-2016, 04:18 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,973
rockscan will become famous soon enough
Default

Actually, running a home based business while on social assistance is fraud. So she is breaking the law. Added to that, if she isnt operating the in home day care safely or even securing the kids in car seats properly shes also breaking the law. Ontario has had a major issue with unsafe in home daycares and many agencies mandated to investigate these have been called out after a death at one on Vaughn. If something was to happen to any of these kids in her care due to her negligence which was encourage because she didnt want to follow a court order to find a job that would be a huge issue.

Im not saying do it, Im saying there are channels to go through to ensure this "business" is on the up and up. LF32 has previously stated all the car seats in her car which was a red flag to me. Fraudulent home based day cares are a major issue in bigger Ontario cities. That is bigger than his CS issue. Thinking shes in the clear just perpetuates the problem.
Reply With Quote
  #20 (permalink)  
Old 05-04-2016, 04:20 PM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,518
LovingFather32 is an unknown quantity at this point
Default

Quote:
Originally Posted by stripes View Post
It's up to her whether to seek work, stay home all day, whatever
I'm confused. It's up to her? But there's an order saying it's not up her, that she must seek employment.
Reply With Quote
Reply

Tags
50/50, child support, pay, shared parenting, welfare


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
CS formula when one child is full time and there other is shared JSR40 Financial Issues 11 07-11-2013 01:01 PM
CS for 50/50 shared custody teezy Financial Issues 2 02-21-2013 08:02 PM
Interesting Article on Joint Custody Grace Political Issues 23 03-20-2012 11:35 AM
This whole "shared parenting" thing... sasha1 Political Issues 42 05-02-2006 07:44 PM


All times are GMT -4. The time now is 02:12 PM.