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  • child support for shared custody.

    Hi.

    My ex (common-law) and I have agreed to shared custody of our daughters. Currently we have agreed that neither of us will pay the other support and we will split childcare 50/50.

    It looks, however, like things are going to get a bit ugly and I'm wondering what my responsibilities will be if he decides to take me for child support.

    Because we have shared custody I understand that it's not completely cut and dry. What I'm wondering is - if he does go after me will the courts take into account that I have a child that I am supporting from a previous relationship and the fact that I am paying a huge mortgage? We finalized the deal on a house (in my name only) 2 weeks before he decided to leave so I was unable to break the contract.

    Thanks.

  • #2
    The general method is the offset method for 50/50 custody - you look up each CS payment in the table, subtract the difference, and the higher income earner pays that to the lower one. You should automatically adjust this every year based on tax returns.

    How big your mortgage is has no relevance.

    Having another child I think does effect it, or at least it should, though some here have complained quite a bit about that.

    You should be able to come up with a formul that is fair between the two of you - one that recognizes that you have two chidren to support and he has one. After all, he knew that when he had the child with you.

    But you have agreed to no CS payments eithe r way, so I would hope that you each don't try to force a change on the other - a deal is a deal! Now if one can convince the other that the deal should be change, fine.

    Comment


    • #3
      I am recently going through the same thing. For two years my ex and I have had shared custody (Interim Custody order) and have not exchanged child support. However now that we are going to trial he is not asking for more time with his son, but wants child support since I make more money. He's been self sufficient for our son and himself and his hobbies thus far,and has a good job.

      I have not had a chance to see a laywer yet, however in the reading that I have done, some articles etc say it's cut and dry the parent which make the greater income pays even in shared custody, and in other readings in indicates that other factors are taken into consideration.

      I thought the reason behind child support is so that the child benefits from both parents financial means...and if the child is obviously already benefiting and has been for two years equally from both parents while on their own I think it's riduculous that that money can be ordered to be paid when you know it won't be going to the child other than the other's personal expenses.

      I too have a daughter from a previous relationship and have been advised that that is taken into consideration and some have said it doesn't matter.

      I think each situation is determined on its own. This may not help, however hopefully the two of you can work it out on your own.
      From my sitution my ex makes good enough money and then some, he doesn't need money from me to pay for our son. His requests are spitefull not logical...hence I feel if 50-50 is the way couple are going or are ordered than they should be self sufficient to do so finanically also.

      Sorry it may be harsh, but I haven't seen too many situations in divorce or sepration are that aren't.

      Comment


      • #4
        Standard use is offset method using table guidelines and the line 150 from each person's notice of assessment. Subtract smaller amount from the larger,the person with the higher number pays the difference to the one with the smaller.

        The mortgage only comes into things if you are claiming hardship. It's hard to pull off and tends to be at the judge's discretion.

        The other child has ZERO bearing. If you have sole custody of the other child, are you receiving support from their bio parent? If not, why not.

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        • #5
          Why not try to negotiate to put the extra CS you technically owe him into an RESP for the future? That way the child benefits directly, you are still paying your obligation so your ex is happy, and you know the money is being used for the child so you are happy.

          Comment


          • #6
            For the last two years we've had joint custody and there has been no mention of child support in anything we have tried to work out. We almost came to an agreement and the all of the sudden he's brought it up now that we are going to trial. However thank you for the suggestion of the RESP as I really like that idea. I know the law is the law and by the law I may be obligated to pay however I have a big problem knowing that that money will not be going to my son rather pay for his lawyers debts that he's incurred by not settling on matters. There really is no reason why in the time we have spent thus far in negotiating we haven't come to an agreement...it's all about the money to him as that's the way it was when I paid his way in our marriage too. Thanks for the answers.

            Comment

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