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  • #16
    Is it a lot of work for her to go and get a court order for child support? Will she have to get a lawyer?

    A friend of mine told me that once you get a court order, the amounts don't get changed every year, only when you petition the court, so basically isn't she just better off taking what I decide to give her every year, as I do raise it based on our yearly T4's?

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    • #17
      Your court order can state that CS will be adjusted yearly based on the previous years Line 150. This is the most common method now and will hopefully prevent you from going back to court over and over.

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      • #18
        And you got re-married?

        If I learned anything, I learned not to tied myself financially to another person ever again.

        A girlfriend fine, but with separate residences, separate money, no more kids, and a incredible legal document if I ever do move in with someone.

        But married, again, with the law of this country, no way!

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        • #19
          Some people can learn from their mistakes and try again. I'm sure there are many happily-married-again people on here. Bitterness and distrust does not have to be a way of life, it's a choice.

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          • #20
            Is it a lot of work for her to go and get a court order for child support? Will she have to get a lawyer?

            A friend of mine told me that once you get a court order, the amounts don't get changed every year, only when you petition the court, so basically isn't she just better off taking what I decide to give her every year, as I do raise it based on our yearly T4's?
            It's hardly any effort at all. If you haven't been automatically adjusting the support every year, she CAN go after you for retroactive child support and will most likely win.

            She doesn't need a lawyer, it's a fairly straightforward request.

            IF the schedule change to the point where it affected CS drastically (and going from 50-50 to under 28% certainly qualifies, since instead of offset table, you now should be paying FULL table)...

            If she is amicable to allowing it to wait until the next time you cut the cheques, then just go with that. If things are tense, then it's probably best to be proactive and give her new ones. (Get the old ones back first for the love of God though)

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            • #21
              You are unintentionally setting yourself up for a rock solid claim for retroactive child support.

              As the OP's have stated, as soon as your schedule changed from 50/50 to 28% +/-, you should have changed from offset to full table child support.

              If you wait, and bury your head in the sand, hoping that your ex doesn't realize what is happening.... you are eventually going to get financially squished!!

              Some day, sooner or later, a friend, or co-worker will be talking about their CS situation, and she will clue in and go after you.

              Asking for guideline support is easy. All she has to do is go down to the courthouse, fill out a simple Motion to Vary, serve you and then wait for the Case Conference. As soon as the Judge looks at your financial disclosure, he can set the amount and abracadabra... its off to FRO for enforcement.

              Also, keep in mind, that there are no limitations on how far back a CP can petition for a retroactive CS adjustment...

              As far as the child care costs..... regardless of who the daycare provider is, or when it is utilized.... the costs are to be shared between both parties, proportionate to their incomes.... it is a very straightforward calculation, and no matter how you try and spin it... you are both responsible to pay for it.

              If you have 2 separate providers... then you add them both together, calculate the total monthly costs, and split it accordingly.

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              • #22
                Ok. I know someone in this thread came up with the fact that I am at 28% custody, but I'm not sure how... Can someone explain the calculation?

                I have my kids during the school year, every other Wed after school to Mon before school. During the summer it is 50/50 week on and off. I also had them for all of March break this year plus the weekends before and after.

                Thanks

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                • #23
                  "every other Wed night to Mon morning before school."

                  7h on W, 24h on Th/F/Sa/Su, 9h on M adds up to 112h every 2nd week, or 56h weekly. Which is 33% of 168 total hours in week.

                  For 6wks you have 0%, for 6wks you have 100%, and for the remaining 40wks you have 33%. Which works out to about 37% yearly.
                  Last edited by dinkyface; 05-17-2010, 01:43 PM.

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                  • #24
                    Thanks for the calculations.

                    Representing self... interesting points.. but for her to put for a Motion to Vary, wouldn't she have to have already had an order for child support in? Currently we have nothing but a verbal agreement.

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                    • #25
                      she would have to apply for custody then. But she has defacto custody and your situation would still look the same.

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                      • #26
                        Wow, so she'd have to file for custody? That sounds like a big deal. Sounds like a lot of work and something she'd have to hire a lawyer for. Maybe I'll just go back to the old 50/50 schedule if she tries to push things.

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                        • #27
                          nope. A few court forms. I filed in an afternoon, on my own. Given the status quo that you have in place, it is not going to be hard for her at all.

                          Don't bother trying to throw your weight around. What you need to focus on is coming to an agreement, not forcing it into court. That is only going to backfire on you.

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                          • #28
                            Would status quo really be established for just 6 months of a new schedule? We were both of the understanding that it was just going to be a "trial" schedule. And now that summer's coming, we'll go back to 50/50

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                            • #29
                              YUP. Bit me in the ass at 5 months!

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                              • #30
                                So maybe I'll wait till we are back on our 50/50 summer schedule to tell her what I'm going to pay her. Then at that point it's not status quo anymore for her to have them more of the time.

                                Also if I give her CS cheques for June 2010-May 2011 and they are based on our Jan 2009-Dec 2009 incomes (our notice of assesments we got this year), and we didn't have the new schedule in 2009 at all, I still don't get why I need to pay her more now and not just next year.

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