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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 04-11-2012, 01:39 PM
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Default 50/50 Custody and Child Support ???

2 Children living with mother full time for the past 8 years. Separation agreement is currently being amended for 50/50 custody. ( father wants to be more involved with children). Using the off-set method for child support, father would owe roughly $200 a month. He refuses to pay this amount or any support and says it going to be 50/50 with all finances from now on. It does not look like this will be resolved through the lawyers. What are the chances he will loose in court regarding not paying any CS?? thank you
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Old 04-11-2012, 02:04 PM
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He will lose... CS is NOT negotiable... even in 50-50 cases CS must be paid... if he wants to drag this to court, let him, and then make sure you ask for costs.
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Old 04-11-2012, 02:06 PM
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Good for him for wanting to be more involved in his children's lives. And good for the mother for not fighting it. But whining about still having to pay some CS makes it look like it's about the money, not the children.

It's highly likely he will lose if it comes to court. There would have to be pretty extenuating circumstances for a judge to let a parent out of their child support obligations. It's quite set down in law with little to no negotiating room once you reach the courtroom.

Wait till this father finds out he'll still be on the hook for proportional to income extraordinary expenses, instead of 50-50 there too.

That said, it's possible to come to some other arrangement outside the courtroom, although anything non-standard could still be re-opened later.

Haven't you asked this question before? Answer hasn't changed.
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Old 04-11-2012, 10:06 PM
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Tell him to join this forum.

I don't find his position unreasonable, just uneducated.

When I tell some people that I pay child support even though I raise my kids equally with their mother, they are shocked.

We get used to the law and the concepts of offset CS (which is mathematically a rip off for the higher income earner as it assumes it costs double to raise kids in two homes...but that is another story).

People who are fortunate enough to know nothing about separation, divorce, etc, have to get used to the concepts that we have all come to learn is the law or just the way things are done.

Last edited by billm; 04-11-2012 at 10:09 PM.
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Old 04-12-2012, 07:56 AM
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Funny thing is that a letter was sent through is lawyer saying that the child support will no longer be paid with this new 50/50 custody?? Is his lawyer playing games with him?? Maybe not telling him that law??
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Old 04-12-2012, 08:39 AM
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You can agree to almost anything. The lawyer advises their client, but at the end of the day must try to get them the best possible deal.

IF the incomes are CLOSE, then offset CS would be almost nil. In that case, CS IS still technically paid, it just cancels out.

Lawyer should know better, should also know that if push comes to shove, his client will get wrecked in court, unless there are some heavy duty exceptional circumstances.

If you are on assistance or something, they can make argument, since technically any money paid in CS is considered income and is supposed to be reduced dollar for dollar from the welfare/assistance/works check.

Counter offer with offset CS as per table guidelines, recalculated before June 30 and with a July to June payment schedule. Then push to court and ask for costs.
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Old 04-12-2012, 10:10 AM
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Quote:
Originally Posted by NBDad View Post
You can agree to almost anything. The lawyer advises their client, but at the end of the day must try to get them the best possible deal.

IF the incomes are CLOSE, then offset CS would be almost nil. In that case, CS IS still technically paid, it just cancels out.

Lawyer should know better, should also know that if push comes to shove, his client will get wrecked in court, unless there are some heavy duty exceptional circumstances.

If you are on assistance or something, they can make argument, since technically any money paid in CS is considered income and is supposed to be reduced dollar for dollar from the welfare/assistance/works check.

Counter offer with offset CS as per table guidelines, recalculated before June 30 and with a July to June payment schedule. Then push to court and ask for costs.
Excellent advise. You can also request the particulars and what supporting evidence they have that no CS should be paid. As NB Dad has pointed out if the incomes are close, it could work out to close to nothing being paid. But, technically *is* being paid just not to either parent.

Child support is the right of the child not either parent. Even on an offset method where the higher income earning parent is paying... That amount is reduced by the *offset* amount the other parent would have to pay to the child.

There are much better ways that offset calculations could be handled. As child support is the right of the child both parents could pay full table amount each into a bank account for the child and parents post real expenses against that account and split the total amount of money between both parents. Furthermore, any money not used in the account at the end of the year could be contributed to the child's education fund (RESP) and if there is more than can go into an RESP into a trust account.

Court won't order the above recommendation but, you can make an offer to settle to something creative like this. But, if one parent is using child support as a weapon before the court a reasonable thing like this is never going to happen. It would take two very child focused parents to setup something like this.

But, it would demonstrate that both parents understand the concept of child support and the importance that both parents support their children.

Good Luck!
Tayken
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Old 04-12-2012, 03:50 PM
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Sadly that hardly ever happens. When you involve emotions and money in what should essentially be a business transaction "bad things" happen.

The issue with Family Law ISN'T the law for the most part. It's with people who make the above mistake. Court should be a last resort, not an immediate first step.

Excellent advice as usual from Tayken. Ask them to explain why they believe why no CS should be paid. Maybe you could counter with CS being paid to an RESP instead. That might make it easier for him to swallow at least.
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