Child support with 50% shared custody

[Jamer7]

Hey everyone! first post!

So ill give a brief rundown on my situation then ask my question,

Basically i have been seperated for two years, have three kids, my ex and i do week on week off with the childeren, a full 50% share, and have lots of flexibility in between with going back and forth with days, no complaints there, i consider myself really fortunate when it comes to that. all good there

I have been paying CS and service all the debt since the marriage ended, but we made an agreement that i would continue to service the debt with no CS, no complaints there, however it is going to a judge now so we can get the divorce stuff rolling along and that is where my question comes.

My ex lives common law with a new partner and makes 50k per year, i live on my own and make 85k a year, which would make the CS payments according to the guide around 680 in change something like that for the three kids, using that pay each other calculation and split the difference and the higher income earner pays more.

My question is, do the judges ever operate outside of those guidlines, honestly i kinda question whether i should be paying so much monthly (Im not a deadbeat dad mind you) i have submitted a few affidavit's to the court explaining the situation where the following conditions exist
- Ex wife recieves a $300 approx child tax bennefit cheque each month
- Ex wife lives common law with another man so a house with two incomes, and has a lower monthly cost of living compared to myself who is going it alone
- I am paying for almost all extracarricular avtivities
- There is a full half and half split of the childerens time.

So i guess im wondering if any of you have experienced a judge going lower than the legislated table amounts in some situations or if there is anything i am missing and should be including to try and get this monthly amount down.

[NBDad]

- Ex wife recieves a $300 approx child tax bennefit cheque each month

Why have you not filed the forms with the government so you receive it as a shared custody situation? You won't get jack squat out of it, BUT your ex will lose 50% of it. You could perhaps offer to settle with the ex and agree to leave that alone in exchange for a reduced amount of CS to be paid. (that would be an unenforceable agreement BTW...it's pure fluff, but it looks good)

- Ex wife lives common law with another man so a house with two incomes, and has a lower monthly cost of living compared to myself who is going it alone

Not relevant unless you are trying a hardship claim, and even then you will be very unlikely to pull that off.

- I am paying for almost all extracarricular avtivities

Should be a proportional split on those costs. Somewhere close to 62-38.

There is a full half and half split of the childerens time.

That's why you use offset amounts.

[billm]

...

Should be a proportional split on those costs. Somewhere close to 62-38.

Not true - he said extracurricular NOT extraordinary - there is a difference.

normal extracurricular - covered by CS, so should be split 50/50 in an offset CS situation.

extraordinary extracurricular (given combined income of 135K) - not covered by CS, should be split 62-38

[Jamer7]

So Im pretty much just going to have to pay the table amounts? even though my ex has moved into a house with another man and has really no mortgage payment or any associated costs with providing a similar style of living arrangements for my childeren as what i provide?

[dinkyface]

That's right

(or rather, it is the difference between your table amount and her table amount ... ignoring any income from her partner)

[CCB]

Jamer, you will use an offset amount. You have 3 kids right? So you go to Justice Canada online child support lookup and plug in your income, 3 kids, and your province. You plug in your ex's income, 3 kids and your province.

The difference in the two figures is the child support amount that you would pay to her. In addition, you would split the cost of extra-curricular activities 50/50.

Your ex's new partner doesn't matter in the equation unless you make an undue hardship claim which establishes that you would suffer unfairly if you paid the amount of CS you were supposed to. I.e. if you had a duty to support other children. For example, my husband passed the undue hardship claim because he was supporting 5 kids and his ex only 3 and the ex's standard of living was higher.

[Jamer7]

Ya its the difference between the two table amounts, wow that just really doesnt seem fair, or in any way create a ballanced situation, brutal, i guess ill just keep struggling solely providing for my kids, while my ex keeps living it up with a new partner, and two incomes, going on trips, living in a fancy house and enjoying money i give her each month. simply brutal

No i dont have really any cause to claim for undue hardship, it just doesnt seem to be any degree of fairness. sigh

[cbarker78]

Hey everyone! first post!

Welcome

My ex lives common law with a new partner and makes 50k per year, i live on my own and make 85k a year..... for the three kids....

...yep... called the offset amount....

My question is, do the judges ever operate outside of those guidlines,

From what I've seen around here, and from my own readings, not very likely at all....

- Ex wife recieves a $300 approx child tax bennefit cheque each month

Using the online CCTB Calculator (Canada Child Tax Benefit/related provincial and territorial benefits calculator), in shared custody of three kids ((using the approx incomes stated above)), she would only be getting about $160 in CCTB and you would be entitled to about $102... not much, but better than nothing...

[billm]

So Im pretty much just going to have to pay the table amounts? even though my ex has moved into a house with another man and has really no mortgage payment or any associated costs with providing a similar style of living arrangements for my childeren as what i provide?

Yes

You can't lower your CS obligations because of her partner's income, or her standard of living etc.

In short, mind your own business. As long as her income used for CS table amount is the same (or more) than what it would be if she was living alone (ie. she is not underemployed because he is subsidizing her), then that is how it works.

You are not required to give the kids a similar standard of living, you are simply supposed to raise them according to your income. You are not supposed to raise them according to your assets, or expenses, that is not how the system works.

If she benefits from lowered expenses etc, your kids do too, it does not effect you. You sound jealous, what do you care about how many trips she goes on? She has some cost benefits of sharing incomes, but nothing that you should concern yourself about.

Best to not dwell on it - just pay offset CS. But apply for the child tax credit and stop servicing joint debt - split the debt.

[Tesslia]

With regard to your ex living with another man - if you yourself should happen to find a nice woman and move in together, would you be willing to pay more since your combined incomes have gone up? Not likely. The kids are you ex's and your responsibility. New partners don't factor in.

[HammerDad]

Ya its the difference between the two table amounts, wow that just really doesnt seem fair, or in any way create a ballanced situation, brutal, i guess ill just keep struggling solely providing for my kids, while my ex keeps living it up with a new partner, and two incomes, going on trips, living in a fancy house and enjoying money i give her each month. simply brutal

No i dont have really any cause to claim for undue hardship, it just doesnt seem to be any degree of fairness. sigh

Should you get into a relationship with another woman who makes a good income, do want her to start looking at your new situation? I bet not.

Step parent incomes are irrelevent outside of 2 areas:

1. to impute income should one parent be deliberately under-employing themselves; or

2. in undue hardship claims.

But yeah, don't worry about her new spouses income. It is a) irrelevent and b) do you want to open that can of worms should you ever get in another relationship?

[Jamer7]

Thanks for all the responses guys, i dont know if i am jealous about the situation, a bit bitter for sure, but thats something i need to get over,

Tessila, yes absolutely if i was living common law with another woman who had an income that contributed to a certain standard of living, i would abslutely be willing to negotiate the a change to child support that would even things out between the two parties, without question,

I understand that new partners income dont factor in, but it does make a signifigant difference to the cost of living for an individual, and their ability to provide the basics for their children.


Dont get me wrong if i have to pay i have to pay, Im not a crappy ex, I have my kids 50 percent of the time, and pay for most of everything, and this is no bias against women, im sure there are lots of women in the same place i am being a higher income earner and having to pay, it just really stings that I have to pay someone who doesnt service any of the old debt, contribute to anything for the kids, and if you base it off what her expenses are, appears to not really need the money very much, but thats a very subjective statement to make,

ahh well thanks everyone i really appreciate the responses!

[billm]

...
...it just really stings that I have to pay someone who doesnt service any of the old debt, contribute to anything for the kids, ...

Yes! That is wrong, but you agreed to it by action, words, or agreement.

So revisit that - it is not fair.

But how much her partner makes etc, is simply not part of the equation. Perhaps you can look at it that what it means is that you are truly individuals and separated! Your only obligation is to your kids, which is based solely on the income of the parents.

[cooper]

Might as well tell ya,,, when my ex and I split up in 1998 we made our own deal. In 2004 we agreed to file for divorce and finalize it. Shared custody 50/50 I made more then her, but we agreed to 60/40 on clothing and school costs. I paid 100 % extracuricular activities. Judge signed off on it all. So we did not have anything to do with guidelines at all and our own arrangement was good. Signed off and finalized in 2005

[Jamer7]

Awesome, thanks cooper, i appreciate the response!