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  • 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
    What do you calculate your access or time with children at? In terms of percentage. 75/25. 50/50/ 60/40 etc....

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    • #3
      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.

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      • #4
        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???????!?!?!?!???

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        • #5
          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?

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          • #6
            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.

            Comment


            • #7
              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.

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              • #8
                Right. I was mixing up joint custody and shared custody. Ok, so its a hard thing to determine (this 40&#37. 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...

                Comment


                • #9
                  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.

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                  • #10
                    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)?

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                    • #11
                      Originally posted by DadFirst View Post
                      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)?
                      Counting hours is very hard, so most judges stay away from it. School hours is counted for who drops her off, who would be contacted if she got sick and who packs the lunch. This is a judgement call. I believe one judge did not count it, he counted how many hours each parent had the child other then school.

                      Only one of you can take the credit, if there's a dispute, you'd have to send a letter and prove that you have shared custody. Sometimes they only ask for a signed letter sometimes they might ask for more.

                      You have the equivalent to a spouse, which is 9000$ or so if you're single. There is also a few thousand dollars for a child under 5 I believe. You can also deduct child care and sport expenses. The total amount came to roughly 15 000$ for my daughter.

                      Each parent is in charge of the expense while the child is in their custody. In my situation, we basically buy 2 of everything now. Clothes and shoes go in between houses. For food, you both buy the food you feed your child.

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                      • #12
                        Since she is recieving the full table amount right now the CS you pay should cover normal expenses including shoes, clothes, day trips for school etc. But if you do get shared custody and one ends up paying the net to the other you will both be responsible for day to day expenses when you have the child.

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                        • #13
                          I just went through all of this...if you have your kids for 40% or more of the time and if you have the higher income you pay your table amount minus her table amount...for my situation my gross was $97k so may table is $980 (i cant remember the actual number) and my ex made $26k last year and her table amount is $280.... so my child support is 980-280 so i pay $700.00.....and I have my daughter 50% of the time....this is the law...even though there is a guideline that says to also subtract the increase cost of living for having your child more often....you aren't actually allowed to do that because you are a man....and men have no rights in the eyes of the guidelines....

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                          • #14
                            Oh ya and since my income is 75% more then hers I pay 75-100% of school and extraordinary items....even if I am 50% parent....it is my problem that I furthered my career, and since she picks up a fancy check every month she has no incentive to get a better job or further herself at all.....frustrating!!!

                            Comment

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