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  • #16
    Originally posted by SadDad2010 View Post
    No tugofwar...you misinterpreted what I said.
    Just checking.... It is a known pattern that's why many parents want shared. Thanks for your reply.

    Comment


    • #17
      Terms

      I am confused here!
      According to Child support guidelines there are four custody arrnagements:
      Full - one parent has full custody
      Access - opposite to full usual arrangement is every other weekend, but can be anything suitable.
      Shared - this is where both parents have equal time with child and time may not be less than 40%.
      Split - This is where there are more than 2 children and the custody is split between parents. One parent can have full for one access for another and vice versus for the other parent.

      Point is watch your wording and meanings. Read up on the child support guidlines on federal govenment website.

      Alot of good information for those going through sepaartion with kids.
      The Supporting Families Experiencing Separation and Divorce Initiative

      Federal Child Support Amounts: Simplified Tables



      Originally posted by tugofwar View Post
      To be honest, I think you are seeking shared custody to get out of the support. Why not propose joint custody,(already agreed upon I read that in one of the posts) and keep the money within the family and not courts and lawyers etc.
      Then find a place close by, work on building the hours up. Your kids are teens, they may or may not want to spend 50% of the time with you. I think you are just trying to brain wash them to stay with you by offering atv's etc and get out of paying support. Correct me if Im wrong

      Comment


      • #18
        Originally posted by tugofwar View Post
        Just checking.... It is a known pattern that's why many parents want shared. Thanks for your reply.
        Well when you think about it once you have children there is getting out of nothing, pay support or pay for living expenses both the same maybe even more costly to have them live with you, but for some reason it is worth it.

        If you buy them things as you would wnat to nothign wrong with that, I spoil my child with things as well as love. After all it is my decision no one esles to make! Just liek you!

        Comment


        • #19
          Hey micro I think you might be confusing custody and access. Custody referrs to decision making. Access refers to the living arrangements for the kids with each parent.

          Comment


          • #20
            It is not what I am saying read what I read. I provided links. You see if there are Universal terms and set amounts less confusion, hence child support guidlines, but still lawyers and judges both make mistakes.

            Also I fixed three to four was writitng and thinking sametime

            Comment


            • #21
              Here it is...

              Here it is according to Justice website....

              "Under the federal law, the following terms describing parenting arrangements are used:
              • Some parents have shared custody. (Some people may also use the term "shared parenting" to describe this arrangement.) Shared custody works best when parents can communicate well and can cooperate to meet their child’s needs.
                • In such arrangements, the child lives with each parent for at least 40 percent of the time. Also, both parents usually share the responsibility for making major decisions affecting the child.
              • When there is more than one child, some parents choose to have split custody. In this type of arrangement, some of the children live with one parent most of the time, while the other children live with the other parent most of the time.
              • In some cases, only one parent has custody. This is often referred to as sole custody. In sole custody arrangements, the child lives with one parent most of the time. That parent (also referred to as the custodial parent) has the main responsibility for taking care of the child and making decisions about the child. However, the other parent has access to the child and the right to certain important information about the child such as medical information. Under the Divorce Act, custodial parents are told that they must act in a way that encourages the child in his or her relationship with the other parent."
              Taken from Parenting Arrangements (Custody and Access)
              By the way I said full when I menat sole whoops!

              By the way with child support in shared custody works simply this way.
              Support is calculated based if each parent had sole custody, then the higher income earner pays the difference of support to the lower income earner. So even if you get or setup shared you may still pay support.
              By the way Ontario works is not considered income. (government takes care of itself)

              Comment


              • #22
                Originally posted by microcrashboy View Post
                It is not what I am saying read what I read. I provided links. You see if there are Universal terms and set amounts less confusion, hence child support guidlines, but still lawyers and judges both make mistakes.
                I did read what you read. And I'm familiar with those links thank you.

                Try to edit what you read, I mean write. If your communication is sloppy then it's garbage in garbage out.

                And you are still confusing custody and access. Those definitions above are custody definitions. CS is based on the living arrangements for the kids, not custody arrangements.
                Last edited by dadtotheend; 12-23-2010, 09:55 AM.

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                • #23
                  But wouldn't living arrangements and custody be one in the samething.
                  I mean if one parent had sole custody, it is clear to conclude that the child would be living with that parent.
                  You can not have one without the other. With the exception of flexible access situations.
                  I am not arguing with you just trying to understand an interesting point.

                  by the way...
                  GIGO- sounds like you an old school computer geek!

                  Comment


                  • #24
                    The way I understand it is a parent with 'sole' custody, would make all decisions pertaining to their children upbringing, and it would go without saying, they would have the children living with them full time and collect full CS.
                    On the otherhand, a parent could have joint custody, still have the children living with them full time and still collect full CS but the other parent would share the decision making and responsibilities regarding the upbring of the children.
                    Someone correct me if I am wrong.

                    Comment


                    • #25
                      In sole custodial situations, the children live primarily with the custodial parent.

                      In joint custody, the children can live primarily with one or more or less equally with both.

                      Split custody, where each parent has sole custody or one or more siblings, is very rare since it is almost never in a child's best interest to be living separated from his/her sibling.

                      So effectively it is only when there is sole custody present that you can be sure of the CS implications just from the custody arrangements.

                      But again, it is the living arrangements from which CS flows.

                      Comment


                      • #26
                        Nope, one parent can have sole custody (read decision-making power) and still share time 50/50. It's not common, but it happens, most often in abusive situations. In that case the CS would be the offset.

                        Comment


                        • #27
                          I've often though about that but have never seen it. Have you?

                          Comment


                          • #28
                            Not yet, but that's what I'm asking for in my case. The OCL did tell me that the courts don't often order it though. It often comes out when parties negotiate.

                            Given that my ex has her 50% already and that I acknowledge his importance as her other parent, it didn't make sense to press for anything other than 50/50, even if sole custody (decision-making) is justified.

                            If the OCL had recommended sole custody to me, with less that 40% to him, I would have been quite willing to continue the 50/50. I suspect that's how it comes about, when one parent is likely to get sole and they compromise so the other parent still gets lots of time.

                            I did see a few cases n Alberta I think, but that was months ago.

                            Comment


                            • #29
                              Wow, I will be most interested in how that plays out.

                              I would be shocked if that is what ends up playing out.

                              What does your lawyer say?

                              Comment


                              • #30
                                Well, the confusing part is that during disclosure OCl talked about parallel parenting (medical to me, education to him) and then in the actual report only mentioned joint. I offered ex parallel the day before OCL report came out.

                                He's NOT going to accept sole custody to me, and I don't really want to go to trial. I'd be willing to negotiate if I could get him to the table. But no response yet.

                                I'm hoping that the judge will tell him so at CC in January. He's not going to get anything better than joint with 50/50, so by not countering my offer, or accepting it he is not cooperating. This is the third offer I've sent and he has not sent any.

                                Comment

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