In a shared custody example DM follows the example calculation from the CSG. This is an unfair distribution of child support.
The CSG example of Kaya and Peter on page 24 and 25 of the reference. The wording in the example is “Next, they decide to subtract the lower amount from the higher amount.” The language “they decide” is key here, and since their salaries are close, the error is minor, and there is no mention of spousal support so perhaps it is an acceptable overall solution. The example is prefaced with “Below is just one example of how you may determine a child support amount if you share custody.”
Example:
1 Child Shared custody in Ontario
Parent 1 income 107,000, Child support Table amount $935
Parent 2 income 53,000, Child support Table amount $479
Child support payment (by DivorceMate calculation) $935 - $479 = $456 from parent 1 to parent 2
analysis- Parent A transfers $456 from their $935 table amount leaving $479 for their shared parenting responsibilities. Parent B receives $456 to supplement their resource level ($479) giving them $935 for their shared parenting responsibilities. So parent A has a responsibility of $935 and is resourced to $479 where parent B has a responsibility of $479 and is resourced to $935. In this situation I proposed Child support amount of $228 which would leave both parents resourced at $707 in accordance with the Child support tables.
My mediator has made this non negotiable. I have to pay $935 because that is what DivorceMate says. Is this an unreasonable request? Does bad math over rule logic and fairness?
Please advise
The CSG example of Kaya and Peter on page 24 and 25 of the reference. The wording in the example is “Next, they decide to subtract the lower amount from the higher amount.” The language “they decide” is key here, and since their salaries are close, the error is minor, and there is no mention of spousal support so perhaps it is an acceptable overall solution. The example is prefaced with “Below is just one example of how you may determine a child support amount if you share custody.”
Example:
1 Child Shared custody in Ontario
Parent 1 income 107,000, Child support Table amount $935
Parent 2 income 53,000, Child support Table amount $479
Child support payment (by DivorceMate calculation) $935 - $479 = $456 from parent 1 to parent 2
analysis- Parent A transfers $456 from their $935 table amount leaving $479 for their shared parenting responsibilities. Parent B receives $456 to supplement their resource level ($479) giving them $935 for their shared parenting responsibilities. So parent A has a responsibility of $935 and is resourced to $479 where parent B has a responsibility of $479 and is resourced to $935. In this situation I proposed Child support amount of $228 which would leave both parents resourced at $707 in accordance with the Child support tables.
My mediator has made this non negotiable. I have to pay $935 because that is what DivorceMate says. Is this an unreasonable request? Does bad math over rule logic and fairness?
Please advise
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