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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 07-21-2015, 06:52 PM
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Default Shared custody support.

Up until last year my ex and I have had shared custody of our 2 children now 15 and 18 years old. I currently pay her the difference between our support table guidelines amounts (calculated with our 2010 incomes).
In 2015 my 18yr old (still in school) has started living with me more than 60% of the time and my ex has a new job (she refuses to give me any info other than her 2014 NOA) she has declined to negotiate a new child support amount so I have filed a motion to change with the courts.
Am I right to think that support should be based on her new income instead of her NOA from a job she has left?
Am I right to think that the support amount should be the difference between her table amount for 2 children and my table amount for 1?

Any help would be greatly appreciated.

Thanks.

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Old 07-21-2015, 07:23 PM
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so the CS amount hasn't been changed since 2010??
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Old 07-21-2015, 07:24 PM
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Quote:
Originally Posted by standing on the sidelines View Post
so the CS amount hasn't been changed since 2010??
No it has not.

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Old 07-21-2015, 07:26 PM
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CS should be based on her most recent income information. That's line 150 of her 2014 notice of assessment. If she voluntarily agrees to pay at a higher rate based on her new job, that's fine, but the usual practice is to evaluate CS only once per year, at tax time rather than adjusting repeatedly during the year. I would not seek a motion to require her to use he new income if you have the 2014 NOA, as I don't think she has an obligation to give you any more information until her 2015 tax return becomes available.

How long has your 18 year old been living with you? If it's been less than six months, I wouldn't bother seeking a change in your order because the court may view the new arrangement as temporary. Also, for how long will your 18 year old be a child of the marriage, as defined by the Divorce Act (google the term if you're not familiar with it). It may not be worth your while to file a motion if your child is going to "age out" soon.

As for the support, assuming your 18 year old is a child of the marriage and assuming that this new residential arrangement is permanent, I think that you and your ex should pay each other the table amount for the 15 year old (offset) and she should pay you the table amount for the other child.
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Old 07-21-2015, 07:50 PM
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Actually...

http://www.justice.gc.ca/eng/rp-pr/f...ide/w1-f1.html

The guidelines state several times that you need an accurate up to date financial picture to calculate support. If her income is actually higher than her line 150 or NOA then she is to use that number backed up by pay stubs, offers of employment or other proof.

Yes the regular process is tax returns and updates every year but she cant hide her financial info and get away with less. Especially if one kid is going to be full table support on that increased income. It sounds like shes withholding info.
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Old 07-21-2015, 07:51 PM
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My 18yr old has been living with me for 1yr and has provided an affidavit stating that we plans to continue living with me.
I get that you go by your NOA on a year to year basis but we are evaluating CS now Due to a change in residence.
Would we not use our current incomes. Especially since her 2014 NOA represents the income of a job she has left 5-6 months ago?

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Old 07-21-2015, 07:53 PM
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Quote:
Originally Posted by rockscan View Post
Actually...

Worksheet 1: Calculate your annual income - The Federal Child Support Guidelines: Step-by-Step

The guidelines state several times that you need an accurate up to date financial picture to calculate support. If her income is actually higher than her line 150 or NOA then she is to use that number backed up by pay stubs, offers of employment or other proof.

Yes the regular process is tax returns and updates every year but she cant hide her financial info and get away with less. Especially if one kid is going to be full table support on that increased income. It sounds like shes withholding info.
it looks like in this case though, neither one was exchanging tax info even though it was an offset situation.
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