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  • Child Support

    Scenario:

    Assume Dad works, Mother does not and has no plans to. Dad makes 100K and has 50% custody. Child support for dad is 2488 based on 5 kids. Does he absorb full CS, even though he has 50% custody or is there any way he can get her to contribute (force her to get a job, impute an income if he can show she has earning potential but just chooses to workout and sleeparound with her boyfriend?

  • #2
    Originally posted by michael5 View Post
    Scenario:

    Assume Dad works, Mother does not and has no plans to. Dad makes 100K and has 50% custody. Child support for dad is 2488 based on 5 kids. Does he absorb full CS, even though he has 50% custody or is there any way he can get her to contribute (force her to get a job, impute an income if he can show she has earning potential but just chooses to workout and sleeparound with her boyfriend?

    You cannot force her to do anything. Could you when you were married??

    If you can show that she has marketable skills and experience then you can have an income imputed at the going rate for available positions in that role. If she has zero training or experience in a particular area, you can have an income based on standard minimum wage imputed.

    As for the rest, you can choose to be bitter about her working out or sleeping around, but it's irrelevant and will not help your case any, so you should probably refrain from mentioning it at all.

    Comment


    • #3
      Originally posted by michael5 View Post
      impute an income if he can show she has earning potential
      You will be unsuccessful trying to get an order forcing anyone back to work.

      You are substantially more likely to get an order imputing their income though. Depending on how they have been out of work, their skill set and the market in your location, will depend on how much a court will impute.

      If you ex worked as an assistant/hair dresser/executive for 10 years, making X amount of $$, and has been out of work for the past 3 years by choice, you would likely be success getting their income imputed at what they were making before.

      If they have no marketable skills and have been out of work throughout the marriage, you ask the courts to impute an income equal to full time minimum wage, so near ~$20k a year. The income imputed would be used for offset c/s and for s7/extraordinary expenses.

      But you have to ask the courts to make such determination. You ask for what they are capable of making due to skill set/market etc., or alternatively, full time min-wage.

      Each parent has an obligation to support the kids financially. A parent cannot have an income of zero.

      In some instances, where a parent has remarried and chooses to remain out of work, the other parent could request that a portion of the household income be imputed on the stay at home parent as their financial contribution to the upbringing of the child.

      Comment


      • #4
        I'm in a near-enough situation as well.
        I pay full table support, and have joint custody, and Mom doesn't work at all. She did a brief stint in minimum-wage factory job for about a year?, which she couldn't keep.

        Besides that brief stint, her "income" has just been child support. From myself, and her "kids from a previous relationship" other Dad, for years prior.

        We are supposed to exchange our tax info each year as well, but she never exchanges hers, so I don't know what her income is, but I know it's not 'zero'.

        Comment


        • #5
          We are supposed to exchange our tax info each year as well, but she never exchanges hers, so I don't know what her income is, but I know it's not 'zero'.
          Child support enforced through FRO?
          Do you have access more than 40% of the time?

          Comment


          • #6
            Originally posted by OrleansLawyer View Post
            Child support enforced through FRO?
            Do you have access more than 40% of the time?
            No, we withdrew from FRO...have never used them. I transfer support to her directly (with proper documentation/receipt of course).

            I've been told I have 40%+ with our "schedule", but I'm not sure how court/judge really factors that. She doesn't work; I do, so of course, she will say she has my daughter more, because of being a "stay at home" Mom, and I'm at work during the day. My daughter is in JK during the day (right now, alternate days).

            Comment


            • #7
              Considering your daughter's age, the mother may have an argument that her income earned if she took a job would be less than the day care costs.

              If you withheld funds until she provided disclosure, you would either get your disclosure or be back in court fairly quickly. If back in court, pay up while requesting disclosure.

              Comment


              • #8
                Originally posted by OrleansLawyer View Post
                If you withheld funds until she provided disclosure, you would either get your disclosure or be back in court fairly quickly. If back in court, pay up while requesting disclosure.
                OrleansLawyer, I'm sure that would get her attention, and get me back in court very quickly. lol. I don't know if I would use that route though... I've had other issues of her not following the order as well, not including this issue of not providing the tax info, so I think if I really want the info, I could probably show contempt with her, since it's very clearly outlined in our agreement.

                Michael5, it seems you really shouldn't be paying full table support in that case. Sounds like you should be paying offset support, with her having an imputed income, as others suggested.

                Comment


                • #9
                  Also, if you can prove over 40%, file with cra for cctb being a shared arrangement. You 'll cut the payment to the ex in 1/2. And you can use cra agreeing you are in a shared arrangement to defend against statements otherwise from the ex.

                  Comment


                  • #10
                    Yes, that would be a good idea for Michael5.
                    I share custody of my son with his Mom, and that is how it works.
                    CCTB and the daycare subsidy get split between each parent. You'll have to let CRA know.

                    I have joint custody of my daughter with her Mom, and I think I could probably get it there too, if I wanted to, but my ex's lawyer made sure to put clause in order to say mom gets it.
                    CRA is not bound to follow it, but then do I really want to fight over that.

                    Comment


                    • #11
                      Thanks Guys.

                      I have 5 kids, 4, 6, 9, 11 and 12. I have had them all or some, in my custody for 58% now in the last twelve months. It increased as I had them more in Aug and Sept. I have been paying full table support.
                      She does not work and has made comments to others that she will not be working. Her boyfriend owns a TKD club for which he is 50% owner. His wife just found out about this affair and another affiar so she will be going after him. Until something changes, she continues to 'volunteer' at the club. She has an honors degree and has held many jobs during our marriage. Recently she got a DOula certification. So on top of that - cash money - she volunteers.

                      I wanted 50/50 custody because I had the kids 58% last 12 months. I know I can apply for ccbt and other gov benefits. But unless she gets an income assigned, I suspect I pay full table right - even if I have them 50%?

                      Finally, to be with the new boyfriend, she leaves all kids home alone at night to be with him. My 12 year has told me when and how many times. Seems the boyfriend has now moved in and both of them stay in their locked bedroom while kids get their own breakfast, make their own lunch, get dressed, go to school. After school, because she volunteers for the tkd club, the 6, 9, 12 are left home alone for 1-1.5 hrs.
                      The other kids are left alone at various times in various subsets.

                      So if she is leaving kids alone, yelling and hitting them, neglecting them, can I go for full custody? I want to, so I can protect the kids.
                      Based on the above info, how does imputing an income sound?

                      Comment


                      • #12
                        Originally posted by michael5 View Post
                        So if she is leaving kids alone, yelling and hitting them, neglecting them, can I go for full custody? I want to, so I can protect the kids.
                        Based on the above info, how does imputing an income sound?
                        If this is truly happening and you want to protect your kids, call CAS

                        Comment

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