Changes to Separation Agreement

[LookingforAnswers]

I am now divorced and have had a seperation agreement in place for over 2 years. My ex and I have joint custody (50% time split) of our two children and my income is double that of my ex wife.

Having the higher income, these are my costs:
I currently pay $300.00 / month child support tied to cost of living.
RESP contribution of $4000.00 / year
Extra activities and clothing is at a rate of 2/3 to 1/3 of the cost

We have a clause in our separation agreement regarding living distances to our childrens school (walking distance) that my ex wife wants to change. She wants to move outside of this area.
What are my options?
Can I make changes to the above costs of our separation agreement at this time?
Are these costs in line?
Thanks, LookingForAnswers

[Grace]

Your wife should agree to pay for the extra transportation cost to school if she wants to leave the area.

[logicalvelocity]

LookingforAnswers,

Just an opinion

You have a material change of circumstances on your hands. Depending on the distances involved with your X's pending move, it may no longer be feasible to have a shared 50- 50 time shared custody regime.

This will create other issues such as payable child support once time spent with children are less than 40% by the other parent and off course access travel expenses which in this day and age is quite expensive. It will add thousands of kilometers to each of your vehicles each year depending on what is worked out between you's or if it is significant distance bus and air fare.

Since you have a material change on your hands, an inquiry into the best interest of the child- children is necessary and appropiate.

Do you agree with the move? You really can't stop her from moving, she is protected by the canadian charter of rights and freedoms. However, you could could prevent the children from moving if it deemed not to be in theri best interest.

A lot of factors would have to be looked at such as the reason for her pending move and how disruptive the move would be to the children as they would be changing schools, most likeling giving up ther friends , their neighbourhood, extended family and also less time spent when one of the parents.

A separation agreement is binding, but can be varied. There is nothing ever final in family law.

[hubby]

Can someone please explain the significance of the 40% time spent with children and what ramifications it has? What is so magical about that number? What effects, if any, does it really have on spousal and child support payments? Other?

Hubby

[Jeff]

Originally Posted by hubby

Can someone please explain the significance of the 40% time spent with children and what ramifications it has? What is so magical about that number? What effects, if any, does it really have on spousal and child support payments? Other?

Hubby

Under the child support guidelines, if one parent spends more than 40% of the time with the children, the courts have a discretion to reduce child support.