So I told Pursuing that I would post what I learned about CS and Section 9b and c of the guidelines after my trial but my trial isn't happening (yeah!). I did however, get some very valuable insight from the settlement/pre-trial conference judge.
First of all - the applicable case law is: Contino v. Leonelli-Contino. It outlines the requirements that need to be met for 9b and 9c.
The judge at my conference told my ex NOT to go there. She told him to agree to the subtractive method because it is easy and because the evidence required in order to do an analysis of 9b and 9c is substantial and would take an enormous amount of effort (and therefore, cost a fortune). You can't just ask for 9b and c to be considered - you have to submit detailed budgets, including receipts, etc to prove your case. And this information has to come from BOTH sides or the judge can't and won't make a decision.
Keep in mind that in our case things were complicated by the fact that my ex's income can fluctuate greatly so CS will fluctuate as well.
I read several cases on Canlii where the judges considered 9b and 9c and in every single one, costs were not awarded to either side because they recognized that the calculation was extremely complicated and needed to be done at trial. Something you would want to keep in mind if you or the other side were to push for this.
First of all - the applicable case law is: Contino v. Leonelli-Contino. It outlines the requirements that need to be met for 9b and 9c.
The judge at my conference told my ex NOT to go there. She told him to agree to the subtractive method because it is easy and because the evidence required in order to do an analysis of 9b and 9c is substantial and would take an enormous amount of effort (and therefore, cost a fortune). You can't just ask for 9b and c to be considered - you have to submit detailed budgets, including receipts, etc to prove your case. And this information has to come from BOTH sides or the judge can't and won't make a decision.
Keep in mind that in our case things were complicated by the fact that my ex's income can fluctuate greatly so CS will fluctuate as well.
I read several cases on Canlii where the judges considered 9b and 9c and in every single one, costs were not awarded to either side because they recognized that the calculation was extremely complicated and needed to be done at trial. Something you would want to keep in mind if you or the other side were to push for this.
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