Ex not willing to take the kid to school during her week,

[The Iceberg]

She says its too far plus she has to work. Agreement is week on week off. So she wants the child weekends only. I cant give her every weekend so she is well under 40%. What should I do since in practice I have full custody but on paper 50/50 which means she still pays only offset CS and collects 50% CCTB. What should I do?

[Beachnana]

Offer everyother weekend and Wednesday and Thursday after school till bedtime then file for child support. If she only wants weekends then she is okay with 40% so she must be okay with less than 50%. But why should you never get weekends? Thats the fun time, the lazy Sunday morning pancake breakfast. Life cannot be all fun, so I would not give up your weekend.

[Links17]

Judges never award every weekend - MAYBE 2 weekends out of 3, or 3 out of 4 but there is no reason she doesn't just get 1/2 weekends and a midweek visit like the standard EOW job father.

I would personally wait as long as possible before filing for child support CCTB changes so status quo gets well established.

[Beachnana]

Amazing some guys would just die for the every week option and here is a woman throwing it away because it seems to put to much work on her life. As a woman I am disheartened when I see this. But then maybe we do not knowthe whole story.

[HammerDad]

I would suggest offering her 3 weekends out of 4 (should there be 5 weekends in a month, you get the extra), and EOW in the summer.

Then, give it a good 6 months to see what happens. Should you end up with essentially the above, file for a motion to modify the parenting time schedule and for c/s. But don't file too soon as status quo won't be significant and your ex would likely want to go back to 50/50, notwithstanding the difficulties, to avoid c/s.

[dinkyface]

I'd push her to take one weekday per week, and keeep alternating weekends, with exchanges at the school on her weekends That, with half of Xmas, easter, march break and summer is bang on 40%. If she doesn't want that, then invoke cs change for motivation?

[The Iceberg]

She had under 40% last year. This summer she was in the 40% range. She keeps calling to have a meeting to take off child support. Yes she wants me to wave off offset CS. She said she will consider taking the child to school during her week at least 1 way if i stop child support. But said depends on her job schedule.

So i will take her to court for CS and custody too if she remains under 40%.

I thought of only 1 possible way to have the judge imput her income. Here is the scenario.

She works for her sister or brother as i dont know under whose name the business is under
She is professional at this job
She is single and lives with them she clsims she makes $12 per hour or less.
On job websites there are employers desperately looking for an employee like her and pay ranges between $20-30/hr
Theit employee and best family friend gets paid much more than my ex even though he started as a helper.

So i would like to show the judge how much people in her trade get paid and prove that she is underpaid on purpose by subpoena the employee and when he says he is making way more than she is, i believe the judge will accept my claim that she is lying or she should change the employer. (She makes around $50 for the company which she is part of but i cant prove that)

She shouldn't be eligible for legal aid but i dont know how to prove it.

I dont know if i can ask for business papers since its not under her name.

Or perhaps all this what i wrote wont work?

[Serene]

You can go to industry canada's website and there is a search feature. You can pay $12 and find out who's name the business is in.

[The Iceberg]

You can go to industry canada's website and there is a search feature. You can pay $12 and find out who's name the business is in.

Thanks. Maybe i will be lucky and the business is under her name. But i doubt it. When her brother got married he "sold" his house to his sister but kept giving in it lol.

They are too careful.

[The Iceberg]

You can go to industry canada's website and there is a search feature. You can pay $12 and find out who's name the business is in.

Not under her name.

[Links17]

If its SO obvious you should EASILY be able to impute an income to here.

[The Iceberg]

She cannot be paid less than their helper/employee. But my first goal is to stop her illegal aid

[Links17]

She cannot be paid less than their helper/employee. But my first goal is to stop her illegal aid

Like collecting benefits from the government? Please dont bother its going to come off as vengeful. However in court once you prove her salary is false then u imply she is also defrauding the government....

[The Iceberg]

Like collecting benefits from the government? Please dont bother its going to come off as vengeful. However in court once you prove her salary is false then u imply she is also defrauding the government....

The only thing i wonder is would the judge imput her an income based on her experience, job marker and employee making more than she does. But she doesn't get paid in cash. In fact i think she gets paid a few hundred dollars just to have some money for gas and other needs. The money goes into some other account, be it firms accound or brothers. But she gets whatever she wants. Car, clothing, Food, no bills etc. Kind of like a teenager but it is a family thing which also carries tradition in there. The reason she puts $12/hr is to relieve the company income (tax) and to supposedly be employed.

So yea, unless the judge says she can easily be making $25 but chooses $12 because its family, I dont have a case.

Also when she calls illegal aid, all they ask how much she makes. She can say whatever she wants. Her brother can say the business is not going well and i have no right to look into business papers unlike if the company was under her name.

[Links17]

The only thing i wonder is would the judge imput her an income based on her experience, job marker and employee making more than she does. But she doesn't get paid in cash. In fact i think she gets paid a few hundred dollars just to have some money for gas and other needs. The money goes into some other account, be it firms accound or brothers. But she gets whatever she wants. Car, clothing, Food, no bills etc. Kind of like a teenager but it is a family thing which also carries tradition in there. The reason she puts $12/hr is to relieve the company income (tax) and to supposedly be employed.

So yea, unless the judge says she can easily be making $25 but chooses $12 because its family, I dont have a case.

Also when she calls illegal aid, all they ask how much she makes. She can say whatever she wants. Her brother can say the business is not going well and i have no right to look into business papers unlike if the company was under her name.

Its pretty much based on the proof you are going to present. The fact she isn't the custodial parent anymore puts her squarely in the firing range. You need to build your case. At the end judges need to make their decisions upon what they've been presented, give them the ammunition and hope that they shoot.