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

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  #81 (permalink)  
Old 08-20-2010, 01:22 PM
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NB - imputing the ex's income would only be regarding section 7 expenses, not the costs of dad exercising his access. That was a financial obligation that was created solely by the ex, and she should have to cover the related expenses.

If the ex is also saying I make no money, therefore you have to pay 100% of all extra-ordinary expenses, then you would ask the court to impute her income to at best the amount she would be making based on a equivilent skill level/earning potential or at worst full time minimum wage.

But if this was me, the costs associated with transportation of the children to me for my access are not something I would be arguing we pay proportionately, as I was not the parent responsible for creating the costs.
  #82 (permalink)  
Old 08-20-2010, 02:07 PM
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Oh I agree with you, however depending on the circumstances, it might be more cost effective to argue about inputting an income, and then paying proportional shares of section 7 as well as access per their existing agreement.

She'll have to run the numbers and see what makes the most sense financially, and then turn around and speak with a professional (rather than us guys off the interweb) to see which option has the better chance of success were it to go to court.
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Old 08-20-2010, 04:18 PM
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Thanks. I will look into mediation via conference. Imputing her a full-time income is long over-due, this way she pays her fair share of extras, plus, according to our agreement, her share of the airfare. We could try getting full airfare, but that is highly unlikely since it took for years to agree to the clause we do have in there now. There would be no extra child care costs as the children are old enough now to be home alone.
  #84 (permalink)  
Old 08-20-2010, 04:25 PM
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Quote:
Originally Posted by got2bkid View Post
We could try getting full airfare, but that is highly unlikely since it took for years to agree to the clause we do have in there now.
I would fight for

1a - she pay 100% of the costs to be covered as per your original agreement; or

1b - reduced child support equal to the cost of exercising access.

2 - failing that she pay 1/2 of the costs for airfare and takes a slightly reduced amount in c/s.

3 - then failing that you guys each pay proportional to income and she takes a slightly reduced amount of c/s as you guys will obviously be paying the lions share again.

While you are amending the agreement/order to provide for relief of the costs for travel also request the courts impute her income to what she is capable of making (even if it is minimum wage) as she also has an obligation to provide for the children. Not just that, it circles back to having her pay her share of the costs for transportation above.
  #85 (permalink)  
Old 08-20-2010, 04:37 PM
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Thanks Hammerdad, that is really good advice.
  #86 (permalink)  
Old 08-20-2010, 04:44 PM
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Quote:
Originally Posted by got2bkid View Post
Thanks Hammerdad, that is really good advice.
Thanks, but please don't call it advice, I wouldn't want anyone thinking I am a lawyer or relying on what I say more then some other guy on an internet forum....lol
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