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Old 05-05-2014, 12:15 PM
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Unhappy Overwhelmed divorce newbie help

Hi there,

I read the stickies so if I need to be slapped at anytime, please do it. I hate to whine, but the problem is sometimes I don't know when I am doing it <<SLap>>.

I've been separated since May 2013. She petitioned Jan 2014. I avoided the CS and custody hearings in Feb and March with an interim agreement that expired 01 May 2014. I pay the full table amount and agreed to joint custody without a primary care designation. It's shared custody 50/50 with 4 young kids going between both homes alternating weekly. She insists on having primary care and does not want shared custody as per her petition.

She attends University full-time and supposedly is graduating with a BA anytime this spring, but she won't answer my emails as to what her plans are this summer. From our afterschool provider she mentioned she is taking a few summer courses and is going back to school for another degree in Sept. She didn't work last summer and it appears she isn't this summer.

I had a lawyer up until last week. After $5,300 in lawyer fees I am back to square one with no agreement. I am now self-representing and having problems making ends meet as I've been managing all martial debt. I expect things to start heating up again soon.

My question is this? Do I have a leg to stand on to impute income to her. It was not included in my Answer, do I submit another answer to have this addressed and how do I do it?

I am going to need lots of help and this has been the best site so far. Special thanks to Tayken whose posts have been especially helpful. Any and all input welcome.
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Old 05-05-2014, 12:23 PM
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Maintain the argument for 50/50

Keep doing 50/50.

What reasons does she state 50/50 cannot work???

This sounds like a money grab.
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Old 05-05-2014, 01:33 PM
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Financial reasons is why she wants primary care. This is the sad truth.
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Old 05-05-2014, 01:37 PM
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She wants primary care and 50/50. She says my job I could end up having to move, which could happen in two years. She could end up moving too though when she graduates.

I am looking for input as to imputing income and how to amend my answer- anyone?
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Old 05-05-2014, 02:14 PM
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Quote:
Originally Posted by Ilovemykids View Post
She wants primary care and 50/50. She says my job I could end up having to move, which could happen in two years. She could end up moving too though when she graduates.

I am looking for input as to imputing income and how to amend my answer- anyone?
You deal with the future when the future happens.

The law already states that when 50/50 is happening the starting point for determination of child support is offset. She then has to argue why she NEEDS more. How her getting more is a benefit to the children as a whole.

She is not going to have much luck with that.

You can only impute an income is she is intentionally unemployed or underemployed.

If she is still in university the most you could possibly get is full time minimum wage. which I believe is about $24k / year.
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Old 05-05-2014, 03:13 PM
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I just went through this.

I asked for joint in my application, but didn't mention impute income. Our case management judge said I had to amend it in order to add impute income on ex.

Your ex's education, work experience, health, etc will determine what the amount should be, but you have to be prepared to prove it.
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Old 05-05-2014, 04:39 PM
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Go Diego Go-Were you successful? Also in the letter to ask her lawyer for consent to amend the application, did you provide details or an argument. I am thinking of keeping it very brief.
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Old 05-05-2014, 10:08 PM
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I didn't have to ask my ex as the judge made an order at our conference, giving me 20 days to amend my application and my ex 20 days after that to amend her answer. Trial is in a few weeks so I'll let you know what happens with my imputed income request.

I would keep your letter brief. Just tell them what you want to add to your answer and ask for their consent to amend it. There's no reason for them to say no, as you would easily get it at a motion with a cost award for making you go that route.
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Old 05-05-2014, 11:02 PM
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I thought the thread said you already paid full table support or did I miss something:

I pay the full table amount and agreed to joint custody without a primary care designation. It's shared custody 50/50 with 4 young kids going between both homes alternating weekly

One parent is typically the primary parent even in 50-50 where do the kids go to school from? You two must live close it appears if your switching access every week. It seems easy enough to renew this part

For Revenue Canada you need her permission to switch you to Primary Caregiver for child tax benefit purposes (not going to happen)

You cannot open a RESP without her permission according to REVCAN (I tried once)

Looks to me you just need clauses in a Final Order to give you the rights a Primary Parent has

She still needs your okay for passports or too move (firm that with a non relocation clause)

Why bother imputing income, like they said here Courts don't look at the future they look at the past......her past 3 year average income.

Most of what you are saying is heresay (what you think)and not admissible at a Trial only bonafide facts do there. I think that's why the Judge is trying to assist you by letting you re consider what you put in your Motion.

A fact is you already had 50-50 you just want to renew it

A Fact is if there is 50-50 there is a offset in CS

If you get 50-50 nailed down and later the ex ups and takes off you have a Court Order to go after her

The non relocation stuff ..RESP ..passports at the end of Trial the Judge will write down in His/Her ENDORSEMENT for the parties to make submission on by a certain date (only the things the Judge highlited during the Trial for further discussion)
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Old 05-06-2014, 08:46 AM
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Yes I do pay full table amount in a 50-50. Her lawyer argues due to her not having any income there is no off-set. The issue is she has no income. Claims she has student status?? I want to reduce the amount of CS and make a claim under sect 6. This is why I want to impute income. She has decided to go back to school for another degree however, I see providing for the children now more of a priority. She could go to school part-time.


If asking to amend my motion from her lawyer do I need to include what I want to amend (including imputing income)? I would like to get this in now so it could possibly be discussed a a settlement conference.

We live 25 mins apart the younger kids go to school in her area, while the oldest goes to school in my area.

For CRA:

What is a shared-custody parent?

Generally, a shared-custody parent of a child is one of the two parents who:

are living in separate locations;
are living with the child on an equal or near-equal basis; and
are primarily responsible for the child's care and upbringing when living with the child.

Meaning there is a CCTB if the children are under your guardianship soley in a 50-50 then there may be split of benefit is how I read it.
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