Shared Parenting child support calculation

[fishy15]

Hi there, first time poster here. I have a shared parenting schedule of about 44% of the time. While the shared parenting status is not contested, my ex is demanding I pay about double the standard shared parenting guideline setoff amount. The trail is coming up in November. I am self represented because a lawyer took all my money in a five year legal debacle. For the trial I’m wondering how important is the case law. Is there a resource that’s already compiled that supports the income setoff calculation for shared parenting? It’s very disappointing that the legal system is so subjective, a simple calculation for shared parenting is needed. Thank you in advance for any information that can be provided.

[arbortrail22]

If both parents have no less than 40% then in most cases its a straight formula: " Section 9 CSG indicates that where the parents are sharing parenting time with the children, such that each parent has no less than 40% of the time over the course of a year, then child support must be determined by taking into account:

(a) Table amount for each parent;

(b) The general increased costs of shared parenting time; and

(c) The conditions, means, needs, and other circumstances of each parent and child."

I would concentrate on your number of "about 44%." If your ex has proof the number is more 39% then you are looking more at full table amount. You need data, proof, evidence that you have had the children 44% of the time. Moving into trial in November, try to increase that number as much as you can or hold at 44%.

If both parents are employed with T4s; use the Lines 150 for the calculations and it's very straightforward. If this is the only issue, you need to send over an offer to settle for the this calculation and say that you will be seeking full costs for trial.

[rockscan]

Case law is always your friend and it would relate to shared off set time of 50/50. Is there a reason you have not reached 50/50? Has a judge indicated you would be going to 50/50? Are you pushing to 50/50?

An order will lay out time and support and you should be pushing to shared OFF SET custody with off set support to match. Otherwise you are looking at full table support which is what your ex is claiming you owe.

[fishy15]

I spent $100,000 on the lawyer, had a supporting OCL report and I still couldn’t get 50/50 only because my ex would not accept it. I was facing a 10 day trail and a second OCL investigation, despite the first one being in my favour. I was broken and broke, I accepted the 45% schedule in distress and now I’m stuck with it. My kids want more time with me but I can’t go through all that again.

[fishy15]

How do judges assess item b. and c. of Section 9. What information should I present?

[rockscan]

I spent $100,000 on the lawyer, had a supporting OCL report and I still couldn’t get 50/50 only because my ex would not accept it. I was facing a 10 day trail and a second OCL investigation, despite the first one being in my favour. I was broken and broke, I accepted the 45% schedule in distress and now I’m stuck with it. My kids want more time with me but I can’t go through all that again.

There must be more to this. I know custody fights are expensive but I have a feeling there was a lot of unnecessary correspondence and movement that could have saved some money.

Water under the bridge though.

Because you don't have off set you can't unilaterally demand off set support. You will need it in an agreement or an order. You should search canlii for cases under those clauses and within that time amount. Your argument is that full table is prohibitive as you have the child more than 40% of the time. And make sure you count it right. A lot of people count time incorrectly.

[arbortrail22]

I would scroll down to Section 9; look to the right hand side to the 534 citations; select "citing documents"; link to case law; sort by "most cited" and start reading.....

https://www.canlii.org/en/ca/laws/re...ml#sec9_smooth

You should state that the other side has incurred no additional costs as the parenting regime has been status quo and therefore offset table is applicable in your situation. There are no mitigating factors. Also, asking these questions to chatgpt is great too. Or asking chatgpt to summarize cases you find in canlii is good too

[Desperate_Dad]

I glanced at what the other posters wrote and they are just regurgitating the law or whining that their ex won't agree to shared parenting. That is not helping you.
Let me give you a bit of background. There have been numerous Private Members bills to make shared parenting the standard in Divorce cases. Myself and others always write to our MP's and give them the facts and tell them to vote against it. So far we have succeded. Now you may wonder why we do this. On the surface shared parenting seems the ideal, right?

But here is the problem. The way benefits are calculated and I can explain this to you if you want to send me a private message, is that under shared parenting if there is a large discrepancy in income, the benefits you both receive combined are less than the lower income parent would receive on her/his own. The lower income spouses government benefits drop a lot and yours increase but not by as much as hers drop. This is why the lower income spouse will always want to have sole custody and now that shared parenting is agreed to, she wants you to make up the difference.

The ideal situation would be for her to have sole custody and reeive all the benefits but then share some of those benefits with you based on the extra she would receive in excess of the shared parenting arrangement. But to try to explain this to brain dead lawyers is an impossible task. Most guys like me let her hav sole custody and choose never to get truly reimbursed for the exta time spent under shared parenting. So yes we get screwed but it keeps the peace because it keeps her benefits at the level of sole custody which is higher.

Now that you understand the situation, you should have a better idea how to proceed. If your ex is reasonable, I would let her have sole custody with an arrangement she would reimburse you for the excess benefits she received with sole custody in excess of the benefits you would both receive under shared custody.

However my experience suggests reasonableness does not exist in lawyers, judges or an unruly ex basically because they don't understand what they are talking about. If you want to talk further about what I have written, private message me. If not, I wish you the best of luck.