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  • 50/50 custody

    Hi Everyone been a awhile and I hope everyone is doing great.

    I have a question and needing some help , its been years since we have settled and my ex is now indicating that she want more support as she keep trying to say my one daughter stays more with her than me ? we have a schedule but some weeks the girls my stay and extra day or so here and there depending on their work and and Gym schedule and hanging with friends . Some times more at my house and some time hers . Seems she is just wanting to do this as my 1 daughter just finished school and support ended with here just last year.

    She indicated I need to pay more ?

  • #2
    Your current order has it laid out? Then it’s correct. Kid could spend more time at your house too. One kid aged out of support, you don’t owe it anymore.

    I say ignore.

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    • #3
      Look at the last year. Has your daughter spent more than 60% time with ex. If yes, you could move from paying offset to full table. If no, then no worries.

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      • #4
        Yes My current order is laid out 50/50 joint custody and offset child support.

        I get it sometimes they stay a bit long at each house as they got older but nothing that i have ever felt was a concern just like sometimes they stay with me longer? I've never looked at that as a money grabber

        Just don't let being threatened saying she wants to take me to court again to get more because she thinks my daughter stays there more ?

        I guess moving forward I better keep track of every day ? Just seems odd when they already come and go back and forth. how would you even go about proving something like this. Cause there is many times they are at my place now. Also would like to add as soon as I was done paying for the older one she said you can go live with your dad fulltime now ???

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        • #5
          Your ex has a history of making threats and with a section 7 split of 73/27 and a loss of almost $500 a month, of course she is going to claim she wants more money. If the kids were at her house enough that it was obvious then sure, change it but this is coming specifically from a place where she had her monthly money cut. I would make note of it going forward but is she going to claim she needs more money in a few years when kid 2 ages out??

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          • #6
            I agree with Rockscan here. Unless there is a substantial amount of difference in the amount of time the child you're paying for is staying at her place, I would ignore it.

            You're paying offset for one child, unless the difference amounts to quite a bit more than the cost of a lawyer to take you to court over it eventually, the chances of her doing so are slim. No sense spending $10 to get $5 back!
            Last edited by blinkandimgone; 02-23-2022, 09:48 PM. Reason: Slim. Not slime.

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            • #7
              I agree with Blink. If your kid spent 60% or more time at ex's, you would owe more cs. Otherwise, ignore.

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              • #8
                Definitely disagree with that. Good light/look bad - are emotions which have no basis here. This issue is very black and white. Either kid spent 60%+ at one house or they didn't.

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                • #9
                  Zanman’s ex has a history of claiming he owes her more money. This is just another example.

                  However, I note there is a difference between “the kid is here more, pay me more support” and “I have made note of the extra days kid has been here and have listed them out in the attached document. Based on these dates and times it is evident she has been with me more than 60% of the time. Therefore I believe your cs should increase for the months of x to y.”

                  She was getting almost $900 a month and went down to $450. For someone with a low income and a history of demanding money, there is enough to indicate ignoring her is not wrong.

                  But if something should be said, perhaps a comment that the kid has been at both houses at times outside what is in the agreement and based on his observations it is still equal time. If there is a concern they can begin tracking accordingly and adjust as necessary. He would also expect overpayment of support to be returned for the times kid was with him for more than 60% of the time.

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                  • #10
                    Originally posted by rockscan View Post
                    Zanman�s ex has a history of claiming he owes her more money. This is just another example.
                    I wish I could read minds too.

                    However, I note there is a difference between �the kid is here more, pay me more support� and �I have made note of the extra days kid has been here and have listed them out in the attached document. Based on these dates and times it is evident she has been with me more than 60% of the time. Therefore I believe your cs should increase for the months of x to y.�
                    This is the entirety of the black/white - yes/no issue. Either ex has this, or there's no issue.

                    She was getting almost $900 a month and went down to $450. For someone with a low income and a history of demanding money, there is enough to indicate ignoring her is not wrong.
                    An increase of 10% is not a lot of days. If ex has been keeping count while OP says idk, ignoring it would be wrong.

                    But if something should be said, perhaps a comment that the kid has been at both houses at times outside what is in the agreement and based on his observations it is still equal time. If there is a concern they can begin tracking accordingly and adjust as necessary. He would also expect overpayment of support to be returned for the times kid was with him for more than 60% of the time.
                    This would be OP's response, unless the issue has merit. This is not custody or spousal where emotions may play a role. Facts, yes/no.

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                    • #11
                      And here I was pleased that you agreed with blink who agreed with me. Guess it’s only when someone else says what I say that you agree.

                      Zanman, you know your ex better than anyone despite what you’ve said before in the forum and through direct messages. If she hasn’t proven she had kid more and neither one of you have a count of days, ignore her.

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                      • #12
                        I partly agreed with Blink who partly agreed with you. Most of what you wrote I would not agree with, or was just added fluff. Except:

                        Originally posted by rockscan View Post
                        If she hasn�t proven she had kid more and neither one of you have a count of days, ignore her.
                        Perfectly answered in one short sentence - facts based, relevant and emotion free!

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                        • #13
                          Thanks Again everyone for the guidance and support. I will wait and see does.
                          And Like I said I never felt that one over the month has them more than the other just as they get older and the friends and hobbies can play a little role as time spent. Just can't stand the threats all the time to get more money or even try.

                          Comment

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