The Situation
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Spouse A: 38 years old, 95K gross, Ontario
Spouse B: 33 years old, 50K gross, Ontario
Shared Custody of 3 years old child (living 50% with each parent)
Separated after 2 years of marriage
Despite the shared custody, Spouse A has agreed to pay $400/month child support payments to Spouse B.
Now to my questions:
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1) If we both agree on not having any spousal support payments, is that OK or will the courts insist that spousal support payments be made because of our child?
2) If we sign a separation agreement stating that no spousal support payments are being asked for or paid, then at a later date, can Spouse B change their mind and come after Spouse A demanding spousal support?
3) The SSAG guidelines for spousal support payments are not specific. Typing my info into their 'With Child Support' formulas yield that Spouse A should pay Spouse B anywhere from $187/month to $1,146/month (with a midpoint of $562/month) for a period between 3 to 15 years. The lower bound being when the child attends school full time and the upper bound being when the child graduates from high school. Can someone give me a better guideline for these figure? Is it really true that after only a 2 year marriage that Spouse B could demand $600/month for 15 years, even though:
i) Spouse B is entirely self-sufficient
ii) Spouse A has shared custody
iii) Spouse A has significant child support payments
If yes, then this seems absolutely absurd to me.
Please advise.
Thanks.
==========
Spouse A: 38 years old, 95K gross, Ontario
Spouse B: 33 years old, 50K gross, Ontario
Shared Custody of 3 years old child (living 50% with each parent)
Separated after 2 years of marriage
Despite the shared custody, Spouse A has agreed to pay $400/month child support payments to Spouse B.
Now to my questions:
================
1) If we both agree on not having any spousal support payments, is that OK or will the courts insist that spousal support payments be made because of our child?
2) If we sign a separation agreement stating that no spousal support payments are being asked for or paid, then at a later date, can Spouse B change their mind and come after Spouse A demanding spousal support?
3) The SSAG guidelines for spousal support payments are not specific. Typing my info into their 'With Child Support' formulas yield that Spouse A should pay Spouse B anywhere from $187/month to $1,146/month (with a midpoint of $562/month) for a period between 3 to 15 years. The lower bound being when the child attends school full time and the upper bound being when the child graduates from high school. Can someone give me a better guideline for these figure? Is it really true that after only a 2 year marriage that Spouse B could demand $600/month for 15 years, even though:
i) Spouse B is entirely self-sufficient
ii) Spouse A has shared custody
iii) Spouse A has significant child support payments
If yes, then this seems absolutely absurd to me.
Please advise.
Thanks.
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