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Old 08-08-2020, 02:26 PM
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Originally Posted by Taher View Post
confused about the daycare considering the following scenario:
I'll go through each part of the scenario:

- Mother doesn't work before separation. Father works
S7 expenses are split proportional to income. If the mother does not have an adequate income, father can get income imputed. That said, since mother did not work before separation, she is unlikely to have any meaningful income imputed, so it is probably not worth the fight.

- Father pays child support as per the guideline income after separation
Why would that matter?

- Mother demanding full spousal support
Why would that matter?

- Now say mother starts receiving the full spousal support as well
I'm not sure if "full" spousal support has any meaning. Assuming it means high-end spousal support, why would that matter?

- Father is hardly going to make both ends meet after the above scenario
If father is paying table child support, then the father does not have custody. If the father does not have custody, then his living arrangements are not really a concern, since it does not affect the children.

Father can live in a rented basement apartment, for example. Father can also eat more kraft dinner and ramen noodles. Father possibly should have thought of this before giving up custody, because nobody cares about fathers who give up custody.

- Father doesn't have the child's custody and sees the child over weekends but spends a lot of money on the child's needs while the child is with the father including food, clothes, diapers, play places (paid), etc. and all of this amount is not considered S7 expenses!!
The child support guidelines assume that if you have less than 40% custody, then you are spending ZERO dollars on the child. Seriously, that is the official presumption of the child support calculations. In theory, the custodial parent is supposed to be providing the NCP with clothing during the NCP's parenting time.

The father probably should stop bringing the kid to play places, parks are free. The father can also start feeding the kid kraft dinner, kid will survive. If the custodial parent won't provide clothing, you can get a full set of clothing at walmart for $8 ($4 bottoms, $4 tops). Buy two sets, and wash them. Alternatively, there are many second hand clothing shops everywhere.

The father needs to understand that he gets absolutely no credit for any money directly spent on the child. It is considered a gift that he freely gives above and beyond his child support and S7 obligations.

- Then mother starts working and hires a nanny/send the child to daycare and claims that as a S7 expense while already taking all of the above amounts although father does not have resources to pay this anymore
You again seem to have this weird idea that people care about the father (or more generally, the non-custodial parent). The father definitely has the resources, he just has to reduce his standard of living. The courts do not mind if the father's standard of living is far below that of the mother, because the child's standard of living is equal to the mother's standard of living.

Please let me know what can a father do in the above scenario? If the father cannot pay the S7 expenses for the childcare due to inability/lack of funds, what would happen in such a case? Thanks
If the father does not pay the S7 expenses, then the enforcement agencies will take his license, his passport, and will directly garnish the money from any tax refunds or other money that the father might get.

If the father honestly feels that he cannot cut expenses at all, then the father needs to go to court. The father should be aware though that nothing he has said here will be persuasive, and he will lose the money he pays his lawyer, plus the money that the mother paid for her lawyer.
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