Hi... I am so glad to have found this Forum!
I just had my first court date this week... it was fairly uneventful. They simply scheduled a Case Conference for June 28. I had filed a motion in February to change Child Support to determine CS based on the "straight offset" method, as we share access nearly 50/50 (and have been for the past two years). I have been paying full table CS (with no offset) since the marriage dissolved 7 years ago. And the only way that my ex-wife would "allow me" to increase my time with my daughter for more than 40% of the time was to continue paying full table CS without an offset. I also pay for everything (including clothing & activities) for when she is in my care.
The offset that I am seeking would amount to a CS net reduction of ~$600 per month, as my ex-wife earns $64,000 (I currently pay full table CS of $2100 + SS of $1500 per month... SS will be ending in 2011 after 8 years for an 8 year marriage... we separated in 2003)
My ex-wife will not budge, or concede any $ to reflect the shared custody. Her lawyer did pull me aside after the court appearance, and we chatted... she suggested that we should try to "give the appearance to the court that we have tried to settle". This leads me to believe that at least her lawyer believes that attempts to compromise should be made... I am amenable to that... I think I would be satisfied if the CS calculation even incorporated only 1/2 of an "offset". I also wonder if the lawyer thinks that perhaps I have a valid case, in which case she would be motivated to settle before a judge opines on the case?
I have some questions on Section 7 expenses, as the Court did order that both sides produce receipts for any Section 7 expenses in question:
1. I have paid 100% of the ~ $2600 attributable to after school child care expenses, health care costs from health care insurance premiums & non-reimbursable claim amounts, and Brownie costs.
2. My ex-wife said that the cost of my daughter's dance classes was $2500 for the year... I do not pay for any of that. However, my ex-wife has said that my daughter's grandparents have paid for 1/2 that cost. Also, my ex-wife unilaterally enrolled her into the most costlier "competitive" classes 2 years ago... probably since she was getting half the cost paid by her own parents. I figured that by virtue of paying full table CS I was more than contributing to that cost anyway.
Our income ratios for Section 7 are ~ 70/30, so I appreciate that I would be responsible for 70% of Section 7 costs.
With regards to the $2500 of dance costs:
1. Is all or only part of this cost considered an "extraordinary expense for extracurricular activities" for Section 7 purposes? I read a court case where the judge deemed that the first layer of extracurricular costs was not extraordinary (i.e. covered by CS), but that the cost of the next level (i.e. "competitive") was considered extraordinary and should be shared.
2. Is only the portion that my ex-wife paid ($1250... as grandparents paid the other half) the amount that I must consider?
3. How does the fact that my ex-wife unilaterally enrolled her in the much more expensive "competitive" classes factor into this equation?
I appreciate any answers & thoughts that those more experienced in these matter can offer me!
Many thanks.
I just had my first court date this week... it was fairly uneventful. They simply scheduled a Case Conference for June 28. I had filed a motion in February to change Child Support to determine CS based on the "straight offset" method, as we share access nearly 50/50 (and have been for the past two years). I have been paying full table CS (with no offset) since the marriage dissolved 7 years ago. And the only way that my ex-wife would "allow me" to increase my time with my daughter for more than 40% of the time was to continue paying full table CS without an offset. I also pay for everything (including clothing & activities) for when she is in my care.
The offset that I am seeking would amount to a CS net reduction of ~$600 per month, as my ex-wife earns $64,000 (I currently pay full table CS of $2100 + SS of $1500 per month... SS will be ending in 2011 after 8 years for an 8 year marriage... we separated in 2003)
My ex-wife will not budge, or concede any $ to reflect the shared custody. Her lawyer did pull me aside after the court appearance, and we chatted... she suggested that we should try to "give the appearance to the court that we have tried to settle". This leads me to believe that at least her lawyer believes that attempts to compromise should be made... I am amenable to that... I think I would be satisfied if the CS calculation even incorporated only 1/2 of an "offset". I also wonder if the lawyer thinks that perhaps I have a valid case, in which case she would be motivated to settle before a judge opines on the case?
I have some questions on Section 7 expenses, as the Court did order that both sides produce receipts for any Section 7 expenses in question:
1. I have paid 100% of the ~ $2600 attributable to after school child care expenses, health care costs from health care insurance premiums & non-reimbursable claim amounts, and Brownie costs.
2. My ex-wife said that the cost of my daughter's dance classes was $2500 for the year... I do not pay for any of that. However, my ex-wife has said that my daughter's grandparents have paid for 1/2 that cost. Also, my ex-wife unilaterally enrolled her into the most costlier "competitive" classes 2 years ago... probably since she was getting half the cost paid by her own parents. I figured that by virtue of paying full table CS I was more than contributing to that cost anyway.
Our income ratios for Section 7 are ~ 70/30, so I appreciate that I would be responsible for 70% of Section 7 costs.
With regards to the $2500 of dance costs:
1. Is all or only part of this cost considered an "extraordinary expense for extracurricular activities" for Section 7 purposes? I read a court case where the judge deemed that the first layer of extracurricular costs was not extraordinary (i.e. covered by CS), but that the cost of the next level (i.e. "competitive") was considered extraordinary and should be shared.
2. Is only the portion that my ex-wife paid ($1250... as grandparents paid the other half) the amount that I must consider?
3. How does the fact that my ex-wife unilaterally enrolled her in the much more expensive "competitive" classes factor into this equation?
I appreciate any answers & thoughts that those more experienced in these matter can offer me!
Many thanks.
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