Ordered 38.7% Custody/Access

[helenj]

Hi Everyone,

I saw the below on another forum and I'm hoping to understand why a judge would give one parent 38.7% access versus 41% or even 50%. Like what's the logic?

As I'm heading into court with the aim of 50/50, what can be done to prevent this outcome? Would love some CanLii articles or anything.

"I’m in a similar situation - all of the allegations against me were found to be baseless and deemed unfounded by the evaluator. The evaluator’s report indicates heavy manipulation by my ex spouse and her family towards my three children. During one of the child to evaluator interviews my daughter said her mother and family told her to lie to the judges, the evaluator and the lawyers that I was a bad dad and they ( the children) shouldn’t be with me. This is in writing by the evaluator.
Yet, here I am $160k in lawyers fees ( my portion of the house sale proceeds)and I have my children 38.7 % of the time and paying full table support and Section 7’s based upon my T4 income ( which now 48% of the net income goes to her).
The system is unfair and needs to be updated to reflect the modern day where both spouses earn the same or similar incomes as opposed to earlier days when one spouse made the income only.
Terrible system and in the end by one spouse paying full table support and seeing the children nearly half the time only hurts the children."
"

[shellshocked22]

The reason the father got only 38.7% rather than at least 40% is that IF he had been given 40% then the mother would have had to also contribute to child support to the Dad. That is, in theory Dad would give Mom a cheque each month and Mom would give Dad a cheque each month based on their respective earnings.



Since Dad got below 40% (which many Dads end up getting) this way Dad has to pay Mom child support and Mom has to pay Dad ZERO. Even if Mom makes a million dollars a year and Dad earns minimum wage.


The government assumes that any access below 40% (whether 39.9% or he never sees the kids) then the father does not deserve any child support help. Yes, it makes no sense - welcome to family law !!!!

[helenj]

Yes I completely understand that.

How do you make sure this doesn't happen to your case as a Father?

What can be done to ensure you're at the cut-off?

[Janus]

Yes I completely understand that.

How do you make sure this doesn't happen to your case as a Father?

What can be done to ensure you're at the cut-off?

Generally, the court will avoid giving you 40%. If a parent has less than 50%, then the court wants them to pay child support. 40% is ambiguous and causes strife... 38.7% provides clarity.

The way to avoid that is to get 50%.

[helenj]

Thank you for your in-depth explanation. Everything makes more sense now.

I live 20 minutes away from my ex but during separation she made a bunch of false allegations against me. It's been almost couple years that she's had a false status quo based on her false allegations.

I do want 50-50 but she's making it very difficult. Essentially throwing every allegation in the book. My fingers are crossed so let's see what happens.

Honestly, I don't know why Men get married/have kids any more with this kind of system where men are literally set-up to fail with the false allegations, CS, alimony, supervised access, therapists, etc, all because the woman made a few allegations. I think many men just get married blindly. Never again!

Thanks again for the in-depth explanation.