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  • Shared custody

    We are trying to revise our child support amout, the custody of the children is 50 50. I understand how the tables work in this situation, but do you also factor in the financial circumstances of each person, ie if one person is morgage free and is sharing expenses with a new spouse ?

  • #2
    No, the incomes of the parents are what's relevant.

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    • #3
      Nope. Line 150 of your tax returns. If there are employment expenses or 1 time bonuses you can work on agreeing to an modified figure, but expenses don't figure into it.

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      • #4
        I heard the financial circumstances of the both parents can also considered in shared custody because both parents must incur the same costs

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        • #5
          You hear a lot of things. Search for a case like that on Canlii.

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          • #6
            There is some precedence to take into consideration the financial situation of parents.

            On Canlii, most shared custody arrangement are calculated as the net amount, but then the judge increases that by anywhere from 0% to 50%. The judges say that this is to take into consideration the fact that the table amount is for full custody, and when it's shared custody, the child has two homes, so double the expenses.

            I haven't done much research on this, just read it while doing research on other topics.

            But, for inequality in standard of living, it's usually taken care of with SS. And, if there's a big gap in income between the two parents, SS may be extended longer than the guidelines.

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            • #7
              From what I have read...when calculating the proportional amounts, if spousal support is paid/recieved, this must be factored in. I missed this and paid a higher percentage than I should have last year.

              Should the calculation not also take into account all other deductions and benefits, as is done when calculating Independent Net Disposable Incomes (Spousal Support)? For example, take each gross and minus tax, cpp, ei, union dues etc...and add cctb, and gst credits etc.

              Or perhaps this is all covered by comparing Line 150 from both tax returns?

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