Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-03-2009, 05:27 PM
Junior Member
 
Join Date: Nov 2009
Location: Southwestern Ontario
Posts: 22
DadFirst is on a distinguished road
Default Shared parenting child support calculation

I just discovered that there are some kind of rules regarding shared parenting and child support. Currently I am paying the table amount to my ex, but I get the kids on Wednesday (pick up from after school sitting) overnight, and Thursday evenings (not overnight) every week, and also Friday (pick up from after school sitting) through till Sunday evening at 5pm.

Question 1. Does this mean there should be some new calculation for the child support? I.e. my table amount - her table amount?

Question 2. What does this mean regarding regular school expenses and clothing expenses, etc that are incurred? Do we then split all those going forward?

Thanks
DadFirst.
  #2 (permalink)  
Old 11-03-2009, 07:55 PM
Senior Member
 
Join Date: Jan 2006
Posts: 322
today is on a distinguished road
Default

What do you calculate your access or time with children at? In terms of percentage. 75/25. 50/50/ 60/40 etc....
  #3 (permalink)  
Old 11-04-2009, 08:30 AM
Senior Member
 
Join Date: Apr 2009
Posts: 370
Foredeck is on a distinguished road
Default

If you have them more then 40% of the time, and less then 60% of the time, you have them 50/50 as per the law. How they calculate this is still negotiable. I count the number of nights my daughter spends at my place. But, they could go down to how many hours she spends with each parent.

If you have shared custody, you pay the net amount. You take the table amount as per your salary, and your exs table amount and the highest earner pays the net amount.

For extraordinary expenses, it's based on income, so no effect on it.

Also, since it's 50/50, you're entitled to 50% of the UCCB/CCTB as well as the tax credit.

However, this is a warning, depending how you approach your ex, she might see the loss of income as something extreme and could get defensive. She could fight for more custody simply because she doesn't want to lose that money.
  #4 (permalink)  
Old 11-04-2009, 09:49 AM
Member
 
Join Date: Sep 2008
Posts: 89
Deputy Daddy is on a distinguished road
Default

Quote:
Originally Posted by Foredeck View Post
She could fight for more custody simply because she doesn't want to lose that money.
Get out!!!!! Does that really happen???????!?!?!?!???
  #5 (permalink)  
Old 11-04-2009, 10:09 AM
Junior Member
 
Join Date: Nov 2009
Location: Southwestern Ontario
Posts: 22
DadFirst is on a distinguished road
Default

So are you saying that if our agreement is for "shared custody" (which it is), that even if I don't meet the 50/50 rule, I still pay child support based on the net child support amount? (i.e. child support based on my salary - child support based on her salary??)

Is this the law, or is it negotiable somehow?
  #6 (permalink)  
Old 11-04-2009, 10:24 AM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,369
billiechic is on a distinguished road
Default

I don't think it's law, but it is the accepted standard. If you have the kids at least 40% of the time, then you pay according to that calculation. If you have them less, you pay table support. Same goes for her.

You could approach her and explain that it is the standard. You can always work something else out if you both agree, but that is what a court would likely order.
  #7 (permalink)  
Old 11-04-2009, 10:26 AM
Senior Member
 
Join Date: Apr 2009
Posts: 370
Foredeck is on a distinguished road
Default

Joint Custody I believe is that you both have a say in how the child is raised.

It is law, and there's court precedent that if you have the child at least 40% of the time, you pay the net amount. Or, at least roughly the net amount.

Some courts have increased the net amount by 50% because it is more expensive to raise a child in two homes then in one home.

If you count how many nights you have the child, it should be at least 12 days of the month. I keep a calendar at work where I mark where she sleeps every night.
  #8 (permalink)  
Old 11-04-2009, 11:02 AM
Junior Member
 
Join Date: Nov 2009
Location: Southwestern Ontario
Posts: 22
DadFirst is on a distinguished road
Default

Right. I was mixing up joint custody and shared custody. Ok, so its a hard thing to determine (this 40%). I mean if the kids are sick on a day that I get them that evening I am responsible. I have heard different things regarding how you calculate this 40%. I don't have the kids overnight on Thursday nights (though I have them almost until bedtime on Thursday nights and am responsible during the day).

Also, we just changed the time sharing based on the fact that my spouse just started working full time. I would suspect that this needs to be the new norm for 1 year before any changes to child support could be negotiated right?

One more question. If I am not qualifying for shared custody as of yet (this new schedule hasn't been in place for a year), can I still deduct the child care expenses (kids go to the sitter from 3-5:30 every day) from a tax perspective? My ex and I were planning on both splitting the deductions, but now I'm not sure whether the CRA will allow me to deduct my half...
  #9 (permalink)  
Old 11-04-2009, 11:15 AM
Senior Member
 
Join Date: Apr 2009
Posts: 370
Foredeck is on a distinguished road
Default

I've read 3 different case laws with 3 different ways to calculate it. One judge counted hours, another counted half days and another counted full days. Also, some judge round a bit, if you're at 39%, he could assume that it's close enough to 40%.

I dont think you have to wait a year to recalculate the CS payments, but, I'm not 100% sure.

You should be able to deduct the credits. Revenue Canada looks at the year end situation. At year end, you will have shared custody. You are also entitled to the other tax credits.

Are both you and your ex single? If one is single and the other is in a common law relationship, the single person should claim the equivalent to a spouse. It's a 9 000$ credit, so roughly 2500$ cash back at tax time.
  #10 (permalink)  
Old 11-04-2009, 11:56 AM
Junior Member
 
Join Date: Nov 2009
Location: Southwestern Ontario
Posts: 22
DadFirst is on a distinguished road
Default

Hmmm...When hours were counted who was awarded hours for school time or post-school child care time?

So I can deduct the credits for taxes? Ok, but I suspect we both have to agree that custody is shared? If so, how is this decision related to the CRA? Written letter?

What other tax credits would I get?

Also, with shared custody, no one had indicated whether the typical costs still sit with the custodial parent? I.e. what happens for non-special expenses (clothing, new shoes, regular school costs, etc)?
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Faulty to assume Shared Parenting: here's why SilverLining Divorce & Family Law 44 06-29-2014 02:41 PM
Children's bennefits Wiser2008 Financial Issues 20 01-02-2014 12:19 PM
Assuming is never a good option. SilverLining Political Issues 5 04-26-2009 11:30 AM
Opinion SilverLining Political Issues 0 04-25-2009 07:44 PM
Difficult situation please advise Mikesgal Divorce & Family Law 5 05-09-2006 03:56 PM


All times are GMT -4. The time now is 09:03 AM.