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Extra costs when over 40 percent access

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  • Extra costs when over 40 percent access

    Curious what constitutes extra costs for offset child support when one parent has more than forty percent access. What constitutes "increased costs of shared custody arrangements "?

    Is it kids having their own rooms? Own clothing? Own computers? If so, what else? If not, what is?

    Anyone have any experience with this?

  • #2
    Originally posted by Serene View Post
    Curious what constitutes extra costs for offset child support when one parent has more than forty percent access. What constitutes "increased costs of shared custody arrangements "?

    Is it kids having their own rooms? Own clothing? Own computers? If so, what else? If not, what is?

    Anyone have any experience with this?
    Things like driving them to school if they aren't in your area is for sure. Not sure what else. I don't think rooms/clothing would count - although I could see outerwear counting if you are the one who always supplies it. Not sure though.

    I used to have some Canlii links where CS was calculated using 9b and c. I'll see if I can find them.

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    • #3
      Driving them to school would definitely be one but I'm really stumped about what else could be considered as an eligible cost under this section of the law.

      We supply ALL clothing here and pay full CS despite being over 40 percent. This includes winter wear, clothing for sports, etc. But I'm more interested in what constitutes these expenses overall.

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      • #4
        I think the costs of shared parenting need to be high relative to the means of the parent for them to be considered in changing the CS arrangements. What is expensive for a parent earning $30K (such as the transport costs of driving an extra 35 km. per day to and from school or the cost of having a second set of winter gear) would not be too expensive for a parent earning $80K. Section 9b and 9c say that the means and circumstances of all the parties need to be taken into consideration in determining the amount of support.

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        • #5
          I don't have a lot of time to type right now, but what you need to refer to is Schedule II of the Child Support Guidelines.

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          • #6
            I'd think that ALL types of expenses relating to the child qualify (including increased utilities, phone, cleaning supplies) ... but isn't the real question: What is the baseline? i.e. do you start with the Guidelines' own assumption that the <40% parent has NO expenses, other than food perhaps? Or do you start with your current spending, which in your case sounds like already reflects shared custody costs?

            These have to be concrete, not notional costs - I read somewhere (CANLII? Guidelines?) that someone with higher income would generally assumed to already have a spare bedroom, so a share of current mortgage/rental costs would NOT be considered part of these increased costs.
            Last edited by dinkyface; 11-11-2013, 09:15 PM.

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            • #7
              I found quite a few cases on CanLII. Search for "increased costs of shared custody". You'll get an idea of the details there.

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              • #8
                Thanks dinkyface.

                This brings me to a new issues: I'm thinking that I don't know how to search CanLII properly as it appears that others are able to search by subject or issue or topic...

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                • #9
                  Just go to CanLII - Ontario, and type your text into the box at the top and hit the Enter key (or click the search icon to the right of the text box).

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