Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 12-19-2017, 06:07 PM
sprdad sprdad is offline
Junior Member
 
Join Date: Jan 2009
Posts: 26
sprdad is on a distinguished road
Default Child support - questions

Hi guys I'm looking for your opinion on my case;

I have 2 kids 17/14 and the oldest has been living full time with me for the last 3 years and the younger kids is with me 2 days a week and alternate weekends.

My ex has remarried and working full-time.

The amount I'm paying for for child support has been the same for the last 10 years; this amount is based on my inconformidad 11 years ago and my actual income has increased considerably although mom has dropped the ball and I'm paying for clothing, school buses and any other extra expense on my non living full time kid.

Now, if check on the CS tables the amount of CS I'm paying for both boys even if one lives with me is the same amount I should be paying for only one kid with my current salary

Is it worth to fight for a CS payment reduction?
Reply With Quote
  #2  
Old 12-19-2017, 06:09 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 3,044
rockscan will become famous soon enough
Default

You should have updated your cs to your income every time it increased. If you only have one child for cs you pay your monthly amount for that one.
Reply With Quote
  #3  
Old 12-20-2017, 09:44 AM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,369
Janus will become famous soon enough
Default

While I don't agree that the calculation is fair or appropriate, if you went to court the calculation would be the offset of:

A) What you would pay her for one kid
B) What she would pay you for two kids

What is the current value of those offset figures? Has she been sending you her tax returns? What is the disparity in incomes between you and mother?

The problem here is that you are not going to court with "clean hands" and you are a male and you are a payor, so the court is not going to be nice to you. As long as mom has at least 40% with at least one kid, the judge could decide to hammer you.
Reply With Quote
  #4  
Old 12-20-2017, 10:45 AM
Rioe's Avatar
Rioe Rioe is offline
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,272
Rioe will become famous soon enough
Default

Quote:
Originally Posted by sprdad View Post
Hi guys I'm looking for your opinion on my case;

I have 2 kids 17/14 and the oldest has been living full time with me for the last 3 years and the younger kids is with me 2 days a week and alternate weekends.

My ex has remarried and working full-time.

The amount I'm paying for for child support has been the same for the last 10 years; this amount is based on my inconformidad 11 years ago and my actual income has increased considerably although mom has dropped the ball and I'm paying for clothing, school buses and any other extra expense on my non living full time kid.

Now, if check on the CS tables the amount of CS I'm paying for both boys even if one lives with me is the same amount I should be paying for only one kid with my current salary

Is it worth to fight for a CS payment reduction?
You'd have to sit down and do some math to make that decision. We can't tell you if it's worth it without knowing you and your ex's incomes, and your ex's level of cooperativeness.

But you have put yourself at a considerable disadvantage for not keeping CS accurate for the last ten years. You should have been updating CS regularly to match your income levels, and where the children live.

Sit down and do some math. Make a spreadsheet. Figure out what the CS should have been since your separation, based on you and your ex's income changes and access arrangements. Figure out what you actually paid. Total up the differences. That's the 'arrears' that have been accumulating. Do you owe her money because of your income increases, or would she owe you money because of you having one of the kids full time for a while? Whoever is owed money doesn't have much hope of ever seeing that since so much time has gone by. But keep it in mind for negotiations.

But, the important thing you want to consider now is what the current CS should be. For that, you need to know your current income, and your ex's current income.

Unfortunately, you have a challenging access arrangement for calculating CS. There are several systems for calculating CS when the children don't have the same access schedule, and I'm never sure which one is accurate or which one is used by judges. A search of this forum will turn them up, and unfortunately there can be several hundreds of dollars difference.

However, the method I mentally use, which I believe is mathematically the most fair, goes like this.

You put your CS for two kids and your ex's CS for two kids into a pretend account (a 'kitty'). You take money out of the pretend account in proportion to your access.

So you calculate your CS for two kids (amount X) and your ex's CS for two kids (amount Y). So the total money to support the kids is X+Y. You have 75% of the kids' time (1 kid full time and one kid half time) and your ex has the other 25%. So you should get 75% of that X+Y amount.

I assume you know your ex's income, because you ought to have been using it all along to calculate s7 proportions, but if you don't know it, estimate for now in your calculations, and make getting her income disclosure a priority.

So what is the difference between the CS you pay now, and the CS you have just calculated as more accurate? What difference would that make over the next few years? And lastly, how likely is your ex to argue and refuse to cooperate with adjusting CS and make you end up in court? You need to know all those things to decide if pushing for the change is worth it.

It could be as simple as a "hey, I did some math and it looks like with the changes in income and access, I should be paying you $10 less a month" - "okay" or as difficult as "hey, did you know that with the changes in income and access, you should be paying me $100 instead of me paying you $800? "Hell no!"

You can't figure out if it's worth pushing for, if you don't know the numbers. Do the number crunching and then decide.

Now remember when I told you to calculate the arrears, above? You may be able to use that in your negotiations. If the arrears worked out that you owed her money, then you can offer to pay those arrears if she agrees to the CS change now. After all, it's money that ought to have been with her all along, after all. Or, if the arrears would have been owed by her to you, you can offer to forgive them if she agrees to the CS reduction now. After all, you'd be unlikely to see them if it went to court, but she may not realize this.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
sticky s7 situation trinton Divorce & Family Law 11 03-25-2017 07:04 PM
Ex. has another child to support via FRO babygirl Divorce & Family Law 10 09-23-2013 10:51 AM
Feedback please for Separation agreement: Child support section baldclub Financial Issues 1 09-17-2012 12:04 AM
Who is responsible for Child Support momof3 Divorce & Family Law 16 05-12-2011 12:20 PM
Retroactive Child Support (Ont) Mess Divorce & Family Law 21 03-02-2010 01:41 AM


All times are GMT -4. The time now is 07:09 PM.