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  • 40/60 Support issues

    We have a fluxuating 40/60 split based on work schedules (usually no less than 42/58). We have shared parenting and shared custody.

    I know a lot of people say this, but the ex drag out the custody issue for years over support, trying to get full support (among other things our lawyer's assistant overheard the ex/lawyer discussing as much at an attempted settlement conference). To get a custody order finally in place, we agreed to pay a full year of full support payments, under the condition that proper shared set-off support would commence June 2015. It was the only way to get the ex to sign.

    Even though we have an order in place, there are still some vague points to be agreed upon yearly. If we couldn't agree, a parenting coordinator would decide. The ex has delayed this process for almost a year and we've lost time with the children. My lawyer was on vacation so we wrote this years cheques for the previous full support amount to be safe (better to over pay we figured). The PC confirmed he'd agree to no less than what we'd had and upon our lawyers return, he verified that we should be paying 1/3 of what was issued as per the agreement. He sent the ex's lawyer a letter to that effect and the ex proceeded to meltdown.

    The ex claims that that isn't what the order says and that we're to pay full support forever.

    Here's the problem with the order -
    -the order does say that we pay the ex full support commencing in May 2014. It doesn't give an end date on that amount.
    -It doesn't specifically say that commencing June 2015 we pay the set-off amount. It does say that every year the support will be adjusted as per each parent's income.
    -it does specify a 41/59 split (we pay more) in s7 expenses.

    So are we screwed here? Are we paying her full support forever? Based on yearly income and the maintained 42/58 split are we correct in paying the set-off amount.

    The PC won't decide on the outstanding matters until the support is resolved, which is a discuss for another section of the forum.

    Thank you in advance for your input!

  • #2
    Originally posted by cpartener View Post
    We have a fluxuating 40/60 split based on work schedules (usually no less than 42/58). We have shared parenting and shared custody.

    I know a lot of people say this, but the ex drag out the custody issue for years over support, trying to get full support (among other things our lawyer's assistant overheard the ex/lawyer discussing as much at an attempted settlement conference). To get a custody order finally in place, we agreed to pay a full year of full support payments, under the condition that proper shared set-off support would commence June 2015. It was the only way to get the ex to sign.

    Even though we have an order in place, there are still some vague points to be agreed upon yearly. If we couldn't agree, a parenting coordinator would decide. The ex has delayed this process for almost a year and we've lost time with the children. My lawyer was on vacation so we wrote this years cheques for the previous full support amount to be safe (better to over pay we figured). The PC confirmed he'd agree to no less than what we'd had and upon our lawyers return, he verified that we should be paying 1/3 of what was issued as per the agreement. He sent the ex's lawyer a letter to that effect and the ex proceeded to meltdown.

    The ex claims that that isn't what the order says and that we're to pay full support forever.

    Here's the problem with the order -
    -the order does say that we pay the ex full support commencing in May 2014. It doesn't give an end date on that amount.
    -It doesn't specifically say that commencing June 2015 we pay the set-off amount. It does say that every year the support will be adjusted as per each parent's income.
    -it does specify a 41/59 split (we pay more) in s7 expenses.

    So are we screwed here? Are we paying her full support forever? Based on yearly income and the maintained 42/58 split are we correct in paying the set-off amount.

    The PC won't decide on the outstanding matters until the support is resolved, which is a discuss for another section of the forum.

    Thank you in advance for your input!
    to me the bolded part means that cs is calculated using both parents income so that means offset.

    Comment


    • #3
      Thank you!

      That's what we thought. Ex is now claiming we don't have shared parenting so full support should be paid.
      Decisions for the kids have to have mutual consent and sign-off + we're within the 40/60 range. Ex's lawyer says it's because she has primary residence, which we were told was just a mailing address.

      Sigh.

      Any thoughts?

      Comment

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