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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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  #11 (permalink)  
Old 03-27-2012, 12:31 PM
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Originally Posted by Gernot View Post
Anything less than 45/55 split will incur large child support payments for you in BC anyway. It is as though the parent with the greater custody has sole custody. Might be worth looking into the costs and try keep the kids at least 45% of the time.
Ontario doesn't operate that way. They did away with it years ago and there is sufficient case law in support of an offset calculation in Ontario.

Simple formula:

Parent A full table amount
Parent B full table amount

The higher paying parent pays the difference (less the lowest paying parent) of child support.

Parent A: $10 / month
Parent B: $15 / month

Parent B to pay Parent A $5 a month in offset child support.

Good Luck!
Tayken
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Old 03-27-2012, 08:32 PM
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Quote:
Originally Posted by Tayken View Post
All very good reasons. Hopefully the child support calculations are reflective of the proper model for a 60-40 custody and access split (offset) and not full table amounts.

There are numerous litigants showing up today in courts still trying for the old 60-40 split thinking they are going to get full table amount child support. They don't even go in self represented... They often have counsel with them.

Is it me or did these solicitors just not bother checking the date before walking into the court room when making those kinds of requests? Last time I checked it was 2012 and offset has been the norm for a while. I guess they didn't read the memo from the courts?

Good Luck!
Tayken

Lawyers know Judges and OCL don't like a strict 50-50 split. It's not always CS.
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Old 09-17-2012, 06:57 PM
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Quote:
Originally Posted by Tayken View Post
Ontario doesn't operate that way. They did away with it years ago and there is sufficient case law in support of an offset calculation in Ontario.

Simple formula:

Parent A full table amount
Parent B full table amount

The higher paying parent pays the difference (less the lowest paying parent) of child support.

Parent A: $10 / month
Parent B: $15 / month

Parent B to pay Parent A $5 a month in offset child support.

Good Luck!
Tayken
that sounds so wrong. lets say one parent is making 90k, the other one is bumming around at home making nothing but ontario works. the one making 90k takes the children 40% of the time and still pays full table support according to the formula above = wrong on all accounts
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Old 09-17-2012, 07:29 PM
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Originally Posted by sahibjee View Post
that sounds so wrong. lets say one parent is making 90k, the other one is bumming around at home making nothing but ontario works. the one making 90k takes the children 40% of the time and still pays full table support according to the formula above = wrong on all accounts
Flip it. One parent makes minimum wage, works like a dog with overtime/2nd job 50 hours/week and makes $28 annually has the children 60%. Higher earner parent (better degree in 20's), does commission sales, puts in 35 hours/week and makes $90 annually.

Last edited by mcdreamy; 09-17-2012 at 07:41 PM. Reason: eta: deleted sarcasm.
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Old 09-17-2012, 08:06 PM
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ummm why doesn't low earner go back to school?
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Old 09-17-2012, 08:17 PM
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Originally Posted by murphyslaw View Post
ummm why doesn't low earner go back to school?
lol.. well, with some spousal support, perhaps a return to college/university would be a great ideal! We all know how well SS goes down on these boards.

The thing is - there are people out there who work very hard for minimum wage pay. We are not all destined to be doctors, lawyers, dentists.
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Old 09-17-2012, 10:48 PM
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we're doing a 5/3 split. 5 nites with mom. 3 with me. thats the closest i could get for 50/50 without long drawn out litigation. but summers are 50/50 , and i have them march break. december is essentially 50/50 too with holidays split equally.
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Old 09-18-2012, 12:37 AM
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that sounds so wrong. lets say one parent is making 90k, the other one is bumming around at home making nothing but ontario works. the one making 90k takes the children 40% of the time and still pays full table support according to the formula above = wrong on all accounts
You may personally object but, that is how Offset works. It isn't about the parents. Child support is the right of the child.
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Old 09-18-2012, 12:11 PM
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Originally Posted by dadthatshadenough View Post
I've been looking for a 50/50 deal. I'm considering other options.
I'm assuming you are considering other options because the ex is pressuring you for the typical Wed night, every other weekend screw job that was so "common" decades ago.

What is best for the kid(s) (schedule) depends on the age, where both parents live, and parents working hours.

If kid(s) are young, both parents work M-F 9-5-ish and you live in the same school district as the ex, then there should be no reason to do anything other then a 50/50. But if the ex is being non-cooperative, giving up your Sunday nights might work as a compromise. But like any negotiations it is about give and take. Give up Sunday and make sure she agrees to equal parenting (joint-shared custody with no primary residency).
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Old 09-18-2012, 01:38 PM
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Interesting thread...
I wanted 50/50, but settled, on advice of lawyer, which I regret. To parrot others on here, I wish I had found these forums long before all that.

I get my daughter every Tuesday, alternate Thursdays, and every other weekend right until the Monday morning.

I pay full table amount though. Should I?
My order was done in 2009, and my lawyer also explained to me, I had to pay table amount, no questions about it.

Maybe in my case, it's because I work full-time, while Mom has never worked, and never will.
Good luck "Dadthatshadenough". :-)
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