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Calculating CS when you have both Sole and Shared

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  • Calculating CS when you have both Sole and Shared

    How do you go about calculating CS when you have sole physical custody of one child (access every other weekend) and shared custody of 2 other children (60/40 split)?

    Do you go by table guidelines for child A, and then add set off amount for children B & C? Or is there another way to calculate?

    Thank-you for any help you can offer!

  • #2
    Originally posted by HockeyMom2012 View Post
    How do you go about calculating CS when you have sole physical custody of one child (access every other weekend) and shared custody of 2 other children (60/40 split)?

    Do you go by table guidelines for child A, and then add set off amount for children B & C? Or is there another way to calculate?...
    I think this has come up before, so try searching through some older threads for this. I think I remember seeing some explanation.

    I don't think you can just do straight "add set off amount for children B & C". I think you'd have to figure out the set-off amount for all 3 (A,B,C), but then only account for B and C, as the set-off amounts are still based on table amounts, and the table amounts are weighted for the first child.

    So probably,
    (full table amount for child A) +
    ((they pay you, full table for A,B,C - you pay them full table for A,B,C) / 3 * 2)

    Comment


    • #3
      The problem is that there's several ways to calculate it, and no clear legal precedent for which one to use.

      Here's one way to do it that's probably perceived as fairest.

      Calculate your table amount for 3 children based on your income. (call this A)
      Calculate your ex's table amount for 3 children based on his income. (call this X)

      Add those two amounts together. That's the total CS obligation covered by both of you.

      So now there's a pretend account with A+X in it.

      Calculate your table amount for 2 children based on your income. (call this B)
      Calculate your ex's table amount for 2 children based on his income. (call this Y)

      Take B+Y and divide by two. Each of you pulls out that amount. This is the CS you each get for looking after two children equally.

      So now you have A+X-B-Y left in the pretend account. That's the extra you get for having the third child in your care all the time.

      His total is (B+Y)/2, and your total is(B+Y)/2 + A+X-B-Y.

      OR

      You could just put A + X in the pretend account, and you take out 2/3 and he gets the remaining 1/3, which represents the two children being shared and the one child who isn't. You have two half shares of two children and full shares of a third, while he has two half shares of two children. Much simpler, and probably not that different of an amount.

      Whichever method you use, you would then just determine how much money has to actually change hands to make it work out, which depends on what your incomes are, who has the greater income, etc.

      If you really want to min-max, do the calculations to figure out which method would benefit you most, and push for that one.

      Comment


      • #4
        Look up MySupportCalculator.ca you can put your income and ex's income in there, list the children and who they live with (including shared) and calculate the amount owing.

        Comment


        • #5
          What happens if you're already paying support to another wife and then have to pay support for another child?

          I have on teenage boy 50/50 and will soon be paying for a 4 year old who I have 50/50 with another mother.

          Comment


          • #6
            Originally posted by Headwaters1 View Post
            What happens if you're already paying support to another wife and then have to pay support for another child?

            I have on teenage boy 50/50 and will soon be paying for a 4 year old who I have 50/50 with another mother.
            CS is calculated separately for each family seperately, not really sure what your question is?

            Comment


            • #7
              The fact that you're paying support to one child from the first mother doesn't automatically reduce your obligation to support the second child from the second mother, if that's what you're asking. The calculations for each child are done independently, which is different from a situation where you pay support for two kids with the same mother.

              Since you're paying offset (I assume, since you have 50/50 residence with both children), you could seek to have your child support payments reduced under section 9 of the Federal Child Support Guidelines, which pertains to shared parenting situations and says that the amount of CS must be determined by taking into consideration both the table amounts and the "conditions, means, needs and circumstances of each spouse and any child for who support is sought".

              If you're really in dire financial straits, you could seek to reduce your payments for one child or the other under section 10 of the FCSG, the "undue hardship" section, which includes the costs of supporting another child as a possible cause of undue hardship. However, as I understand it the bar for "undue hardship" is set pretty high - if you're unable to keep a roof over the kids' head and food on the table because of CS, you may have undue hardship, but not if it's just really expensive. Having to pay a lot of CS is not in itself a hardship.

              Comment


              • #8
                Originally posted by HockeyMom2012 View Post
                How do you go about calculating CS when you have sole physical custody of one child (access every other weekend) and shared custody of 2 other children (60/40 split)?

                Do you go by table guidelines for child A, and then add set off amount for children B & C? Or is there another way to calculate?

                Thank-you for any help you can offer!
                You use:

                MySupportCalculator.ca

                It lets you easily input this data.

                Comment


                • #9
                  ok i thought they would reduce income on second cs from the cs currently paying wow.

                  Comment


                  • #10
                    Originally posted by Headwaters1 View Post
                    ok i thought they would reduce income on second cs from the cs currently paying wow.
                    Fraid not! I think I calculated it that if you have ten children by ten different exes, then you could be paying ALL your income in CS. Of course, one of the circumstances Stripes explained would hopefully come into play. The lesson is that you should not have more children than you can afford.

                    Comment


                    • #11
                      How do you go about calculating CS when you have sole physical custody of one child (access every other weekend) and shared custody of 2 other children (60/40 split)?
                      This situation is not set out in the guidelines.

                      Depending on the incomes of the parties, there is growing support behind hybrid calculations being with each parent paying full support for each child the other parent has 40%+, with the amounts being offset against each other.

                      This method of calculation is assailable when the circumstances show it to be dysfunctional. However, reading s.8 + s.9 of the Guidelines is helpful to the parent arguing in its favour.

                      I have on teenage boy 50/50 and will soon be paying for a 4 year old who I have 50/50 with another mother.
                      Full CS offset + Full CS offset.

                      i thought they would reduce income on second cs from the cs currently paying
                      No, unless activated under s.10.2(c/d).

                      Comment

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