This is an email that I just received from my Ex's wife..
Can anyone shed some light or input so I can stop shaking??
Hello,
We have consulted a family law attorney in XYZ concerning some questions and concerns we have regarding our rights. They are as follows:
1. Child Support: The current child support is based on NCP imputed salary as a XXX in Canada of $38,250.00, which sets his child support at $550.00 per month for two children. NCP is now a resident of the United States and his current rate of pay as a mover is $13 USD per hour. We are requesting the child support be based on 40 hours per week at $13 per hour, which is approximately $27,040.00 and would set the child support at $397.36 per month for two children per the Ontario Child Support Guidelines. As you know NCP's T4 from 2013 reveals that his salary was only $30,828.84 for that year, a copy of which is attached. We are attaching NCP's W-2’s (the U.S equivalent of the T4) from last year, which shows NCP made $7,973.89 for the year, due to the fact that he went through the landed immigrant program in the States and was restricted from working while he was in the program. We are not requesting support be based on his actual earnings, but on
the potential salary of $13 per hour (the customary hourly wage for a XXX position in the United States) and 40 hours per week for future earnings. We are attaching a copy of two paystubs showing NCP's rate of pay.
2. Extraordinary Expenses: Due to NCP's pay change we are requesting that all extraordinary expenses, such as daycare, medical and sports, be set at a 50/50 split instead of the current rate of NCP paying 60% and CP paying 40%.
3. Meeting/Exchange Spot: Due to NCP’s residence of USA the current meeting spot of the XXX is 3 hours travel both ways for NCP, which is a total of 6 hours to pick the children up on Friday and 6 hours to return the boys up on Sunday, for a total of 12 hours travel per visitation weekend. We are requesting the meeting spot be changed to Hamilton, ON, which is a halfway point for both parents. If an agreement cannot be reached regarding a new meeting spot, we are within our rights to request that we go outside the child support guidelines and reduce the amount paid per month to compensate for travel expenses.
4. Clothing: You have stated that we are to clothe the children when they are visiting with us. However, you are the custodial parent, meaning you have the children 90% of the time. Due to this, you are to provide clothes for the children when visiting with us. If you do not wish to provide clothing for the children then we request that we go outside the child support guidelines and reduce the amount paid per month to compensate for clothing expenses.
5. Daycare: You have stated that you will be changing daycare providers and are uncertain as of yet as to who it will be. We are requesting that whichever option you choose, that the daycare provider email or fax us directly the agreement for child care. We are requesting a statement from the provider stating Name, Address, Payment Arrangement, and days to provide care for the children.
Our attorney has advised us these requested changes are well within our rights under the laws of Canada. Please feel free to take our concerns to an attorney and have them reviewed in a consultation. If you are in agreement with the proposed changes then we can file a Consent to Change Motion. This will preclude having to involve attorneys, as we can file the Motion ourselves, thus saving both of us time and money.
Thank you.
Can anyone shed some light or input so I can stop shaking??
Hello,
We have consulted a family law attorney in XYZ concerning some questions and concerns we have regarding our rights. They are as follows:
1. Child Support: The current child support is based on NCP imputed salary as a XXX in Canada of $38,250.00, which sets his child support at $550.00 per month for two children. NCP is now a resident of the United States and his current rate of pay as a mover is $13 USD per hour. We are requesting the child support be based on 40 hours per week at $13 per hour, which is approximately $27,040.00 and would set the child support at $397.36 per month for two children per the Ontario Child Support Guidelines. As you know NCP's T4 from 2013 reveals that his salary was only $30,828.84 for that year, a copy of which is attached. We are attaching NCP's W-2’s (the U.S equivalent of the T4) from last year, which shows NCP made $7,973.89 for the year, due to the fact that he went through the landed immigrant program in the States and was restricted from working while he was in the program. We are not requesting support be based on his actual earnings, but on
the potential salary of $13 per hour (the customary hourly wage for a XXX position in the United States) and 40 hours per week for future earnings. We are attaching a copy of two paystubs showing NCP's rate of pay.
2. Extraordinary Expenses: Due to NCP's pay change we are requesting that all extraordinary expenses, such as daycare, medical and sports, be set at a 50/50 split instead of the current rate of NCP paying 60% and CP paying 40%.
3. Meeting/Exchange Spot: Due to NCP’s residence of USA the current meeting spot of the XXX is 3 hours travel both ways for NCP, which is a total of 6 hours to pick the children up on Friday and 6 hours to return the boys up on Sunday, for a total of 12 hours travel per visitation weekend. We are requesting the meeting spot be changed to Hamilton, ON, which is a halfway point for both parents. If an agreement cannot be reached regarding a new meeting spot, we are within our rights to request that we go outside the child support guidelines and reduce the amount paid per month to compensate for travel expenses.
4. Clothing: You have stated that we are to clothe the children when they are visiting with us. However, you are the custodial parent, meaning you have the children 90% of the time. Due to this, you are to provide clothes for the children when visiting with us. If you do not wish to provide clothing for the children then we request that we go outside the child support guidelines and reduce the amount paid per month to compensate for clothing expenses.
5. Daycare: You have stated that you will be changing daycare providers and are uncertain as of yet as to who it will be. We are requesting that whichever option you choose, that the daycare provider email or fax us directly the agreement for child care. We are requesting a statement from the provider stating Name, Address, Payment Arrangement, and days to provide care for the children.
Our attorney has advised us these requested changes are well within our rights under the laws of Canada. Please feel free to take our concerns to an attorney and have them reviewed in a consultation. If you are in agreement with the proposed changes then we can file a Consent to Change Motion. This will preclude having to involve attorneys, as we can file the Motion ourselves, thus saving both of us time and money.
Thank you.
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