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Separation agreement questions - shared custody, sharing CCTB/UCCB, am I being fair?

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  • #16
    Originally posted by Mess View Post
    It happens that a judge will look at a separation agreement years later and ask what a certain clause was intended to mean. A judge will sometimes have to read in intent. This despite the best legal minds fussing over wording. My lawyer was impressed and approved of all of my wording. I also included legally pointless clause like "the parties agree that both parents are capable and diligent and that the children benefit from each of their parenting styles."

    My entire agreement was rewritten to reflect a shared parenting arrangement so that if for any reason one of the kids changed a few nights and slipped to around 40%, there would be no question what the intent was of our arrangement and how we had been living.
    This is interesting. My agreement tends to focus on being clear and succinct, with little regard for intent. I will have to consider how to possibly modify the agreement, as unlikely as it is that it will get signed (in the near future, anyway).

    Originally posted by NBDad View Post
    That's unnecessarily complicated. TRUE table offset is taking what each of you make (via line 150, or in your case, either of line 150 or $15000 whichever is higher, and calculating support based of that)
    I guess my focus was on making it fair, rather than uncomplicated. Lately I've been thinking it wise to move closer to a 50/50 arrangement, so that works.

    No. It's technically fraud. However the onus is on YOU to apply for it based on the change in situation.
    I see. As long as the CRA sets up a 6-month/6-month split, we can opt to share half with the other party, correct? That would be ideal, for consistancy of income.


    Originally posted by Mess View Post
    Get a letter from any witness, relative or otherwise to confirm the schedule you have. Something, anything, your mother, a neighbour, whatever. Just something you can staple to the back to get the ball rolling.
    Done. I was thinking a letter from family would be pointless, but I'll give it a go. If needed, it occurs to me that there are other people who I can speak with (including her neighbours, although I wonder if they would prefer to not get involved, since they have to live next to her).

    If she disputes you, she is committing fraud. You need to point this out to her and then you probably won't need any other documentation.
    Also helpful to know and pass along. I hadn't thought of it as potentially committing a criminal offense.

    This is also what I meant by my sense you may be rushing this. She isn't emotionally prepared for this. You aren't prepared with documentation. Have you established sufficient months with the schedule that the courts would see status quo? Be sure of all of this.
    I thought I was more prepared than I now realize. I wish I'd found this forum sooner. I don't know that she'll ever be prepared for this, in any capacity. Status quo has a few months to go. I've advised her that I would like to move closer to 50/50 custody... I don't want to risk having problems over half a day per week.

    Originally posted by ONdad View Post
    NBDad's right; $15000 isn't the number to use, $20,000 is. $10.25*37.5*52 = $20,000 per year.

    This is what she should be able to make with a full-time, minimum wage job. I'd have that amount imputed.
    I thought about it, but I don't want to create undue hardship if either of us find ourselves unemployed again in the future... $15k provides for 3 months to find another job, and I think that will be effective in discouraging intentional unemployment.

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