Not Using the Guideline Amounts for CS

[AdTheDad]

Hi,

I was wondering if anyone has had experiences getting a justice at trial to agree to non-guideline amounts for child support.

I have a large family and with my wife (STBXW) not working much, my income is pretty thin. She one the other hand is getting income support despite not trying to work more than she is (2 days/wk), of course tax credits, and other subsidies. Added bonus is that she gets Legal Aid, so she has a very low debt load.

My problem is in getting the two of us to have equal amounts of money as we have the kids an equal amount of time (technically, I have 2% more time). I don't want to be Scrooge, but I don't want the kids to get fun and comfort at moms with a mom who's been relaxing most days, and hate being at my house with a dad trying to manage work and billls.

Ideas? Thoughts?

[FamilyBlah]

Has there been a previous order for child support?

[Mess]

You argue that she be imputed at least minimum wage/full time, approximately $20k per year ($10x44x54=$23,760). Whereas she is voluntarily underemploying herself, it is reasonable to expect she could earn this much, especially as she is not working full time.

You then argue that CS be calculated using the set-off method in the Child Support Guidelines according to a 60/40 shared parenting situation.

This is probably the best you can expect. You may not argue that her receiving subsidies and child tax credit etc. should reduce your CS payments. That would be the government paying your CS for you. Those amounts do not apply.

If she is receiving full Child Tax Credit as a 60/40 parent, this is against CRA rules. You should be receiving half (calculated according to your own income.) This is important to establish since other tax credits are dependent on your parenting status.

[NBDad]

What Mess said.

Also, if she tries to pull the "income support so no income" trick, you argue that until she begins working, CS should be 0, as any income you provide in that way is supposed to be deducted dollar for dollar from her assistance cheque, effectively reducing the overall standard of living for both households and thereby being detrimental to the children's best interests.

If you do not already collect the CCTB/UCCB 6 months a year, apply for it ASAP. You do NOT need her signature.

[AdTheDad]

Also, if she tries to pull the "income support so no income" trick, you argue that until she begins working, CS should be 0, as any income you provide in that way is supposed to be deducted dollar for dollar from her assistance cheque.

Sorry... I don't get that. I read it, but didn't get it. So if she gets $900 child support, and income support is the same, she gets $0?

if that's the case, isn't it best for me to pay the least child support possible?

[AdTheDad]

Originally Posted by FamilyBlah

Has there been a previous order for child support?

on an interim basis, she's getting $900. Since I made $45000 last year, and like her need at least a townhouse, plus food etc for the 5kids we have on 50/50 access, I argued that even that was too much as I also hold all the marriage debts awaiting trial.

[NBDad]

You have it correct. In most provinces (and you might want to check with the local office) if you are on Income Assistance, ANY funds you receive (ie. Child Support) is counted as income and gets deducted dollar for dollar.

Basically it should make her ineligible for Income Assistance, which HURTS the kids, rather than helping them.

[shellshocked22]

Just an FYI re CCTB, they recently changed it so that for shared custody, rather than 6 months on 6 months off, each parent gets 50% year round. Same end result but less hassle. Check the CCRA website for details under CCTB. Many lawyers/accountants aren't up to speed on this change.

[beebie]

Not sure why the state should pay his child support.

However maybe he should attack the marriage debt load ...sell the house? Bankruptcy?

Imputing her income is a good idea.

[beebie]

Wondering also why a party continues to be eligible for Legal Aid when they are receiving income such as child support/ spousal support.