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50/50 access and Child Support

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  • 50/50 access and Child Support

    I had put a motion for child support (full disclosure of financials, extra ordinary expenses and requesting for retroactive pay). We have court date coming up next week. He was served over a month ago therefore the 30 day deadline has passed. He has not responded. He says he has a lawyer.. I know he has manipulated the situation in making access 50/50 (our daughter is 16 there not much that can be enforced on my end). I understand a judge won't order a 16 years access etc. A decision of 50/50 is heavily weighed on where a teen wants to live. My question is:
    1) With regards to child support, if he makes significantly more than I do will he still be responsible for child support? Or will he and his lawyer try and go for 50/50 and no support?
    2) who decides on access schedule when moving to 50/50?

    Looking for advise PLEASES

  • #2
    So I am guessing you filed your motion at the court house. Did you go check that they have not filed a response and just posted you their response? Important to check continuing record at the court house first.

    do you have an existing agreement.

    Comment


    • #3
      Hello. Yes. I filed the motion and had him Served. As of 2 days ago (Friday) I checked with th court house and he has not filed a response yet. Also I haven't received a letter from his lawyer stating he has been retained. Yes we do have an order in places based for access where she visits him every other weekend and full child support ) order has been in place since 2010

      Comment


      • #4
        Originally posted by momwithteendaughter View Post
        I had put a motion for child support (full disclosure of financials, extra ordinary expenses and requesting for retroactive pay). We have court date coming up next week. He was served over a month ago therefore the 30 day deadline has passed. He has not responded. He says he has a lawyer.. I know he has manipulated the situation in making access 50/50 (our daughter is 16 there not much that can be enforced on my end). I understand a judge won't order a 16 years access etc. A decision of 50/50 is heavily weighed on where a teen wants to live. My question is:

        1) With regards to child support, if he makes significantly more than I do will he still be responsible for child support? Or will he and his lawyer try and go for 50/50 and no support?

        2) who decides on access schedule when moving to 50/50?



        Looking for advise PLEASES

        If its 50:50 then he pays offset support. S7 expenses still remain at the income split.

        He and his lawyer cant go for no support.

        I think you both can work on the schedule for kid together or get input from kid.

        Look up the supreme court case against D.B.S. And child support. If your ex provides financials which show he hasnt reported his income increases then he may be on the hook for retro support.

        Things to remember in a final order: post secondary expenses, when cs ends for kid, what happens if kid decides to go full time with one parent over another, and the provision of updated financials annually.

        Comment


        • #5
          Yes I know I have to keep in mind if she decides to go full time. As for now I believe she wants the 50:50 split. As for post secondary. Is there anything j should know or be prepared for which I can prepare for now?

          Comment


          • #6
            Im not sure how these things go. Youve filed a motion for support but you have to think long term. You want to have it in writing what happens when kid finishes school in another year or two. If it gets discussed for a final order, make sure its 1/3 to kid and then split according to s7.

            And remember it doesnt matter what the custody is, s7 is split based on incomes not offset.

            Comment


            • #7
              In our current agreement Special extraordinary expenses is mentioned. According to S7 post secondary school falls under this category. Closer to the time it will need to be reviewed/discussed.

              I am baffled by the fact that a response hasn't been made to the motion considering he says he had a lawyer. I'm not sure what to expect. Has anyone experienced situation where respondent and lawyer file last minute? I guess at that point I would be given option to accept late response? Anyone know the answer to this???

              Comment


              • #8
                Im confused. You have an agreement outlining custody and child support? Your motion is to change the agreement to 50/50? He hasnt been paying the support in the previous order?

                Comment


                • #9
                  We have an orde outing custody/access and child support
                  My motion is to enforce disclosure of financial info (noa etc) as I'm sure his income has increased over the last 5 years . I haven't recvd since 2010 (inception of originally order). In the motion I'm also asking for retroactive pay and extraordinary expenses which he hasn't reimbursed me for. The access change was raised after he was served. I know he's trying to avoid paying any support. He was paying support month up until recently (January).
                  All advice welcome.. Thank you

                  Comment


                  • #10
                    Originally posted by momwithteendaughter View Post
                    Yes I know I have to keep in mind if she decides to go full time. As for now I believe she wants the 50:50 split. As for post secondary. Is there anything j should know or be prepared for which I can prepare for now?
                    Post-secondary is situation dependent, given the financial status, education status, etc. of both parents and even the academic standing and educational plans of the student. If your ex is making significantly more than you, you do need to push for full financial disclosure and make no decisions until you have received same. The current agreements I’ve been seeing lately require a “reasonable” contribution by the child, and have a drop-dead of the child either obtaining first degree/diploma, or attaining the age of 23, whichever comes first, for payment of cs during post-secondary.

                    Do you not have a written separation agreement now, that deals with these future steps? I’m not sure the older agreements set an age- I know my 1997 agreement doesn’t.

                    If you can reach a settlement agreement (and subject to your existing written agreement, if any), ensure there is a material change clause in one or the other, and consider adding if the child resides with one parent longer than 30 or 45 consecutive days as a definition of a material change. That might save a future hassle for each of you in confirming.
                    Start a discussion, not a fire. Post with kindness.

                    Comment


                    • #11
                      Thank you Mcdreamy
                      My ex and I were never married and don't have a separation agreement. We have an agreement/order which was put in place in 2010. It doesn't specify age for extraordinary expenses. I. This agreement I had also waived the option of having FRO involved. I just submitted my request to re-file with FRO and have them involved. Especially with university in the horizon I do not want to chase after him for university payments etc.

                      Comment


                      • #12
                        OK, that makes more sense. As I've mentioned to you before, I still think you and your ex could come to a settlement agreement quickly [upon receipt of his financial disclosure], you aren't arguing over custody, merely the financials.

                        There is a Reference board here that is sadly underused and not updated regularly, but there is a thread in there on post secondary you might have some interest in reading.

                        Also, since you don't have an existing Agreement, now is likely a good time to consider all potential future issues and arguments, and I was going to refer you to the draft Separation Agreement linked at the top of this forum -- but I just quickly reviewed it, and it doesn't appear to contain any decent post secondary clauses nor a termination clause.

                        In any event, peruse those threads and if I can get some time tonight or tomorrow, I'll upload some of the current typical clauses re: material change of circumstances, post-secondary, termination of child support, etc. to that Separation Agreement template.

                        By the way, you are doing ok!
                        Start a discussion, not a fire. Post with kindness.

                        Comment


                        • #13
                          Hi Mcdreamy. First I want to thank you and I can't express enough how grateful I am for your and everyon else's response. I am self representing myself and I am nervous. I do have an agreement I place which is binded/sealed by the courthouse. I do agree with your that I need to review and think ahead and not think about the now hence my decision to opt towards FRO now.

                          I am new to this forum and slowly learning how to navigate this wonderful site. If there are any threads (titles etc) you can recommended I will read. I've been on this site reading all the threads and trying he canli site. Just to educate myself. Where can I find the reference board? I'll continue to search the site. I have a court date set for feb 4th. And as I mentioned I haven't heard back from him or his lawyer with regards to a response. So I'm a little
                          Nervous there too as not sure what to expect.

                          Comment


                          • #14
                            I dont understand these clauses about not going to FRO. My partner had that in his agreement and his ex filed anyway AND HE WAS PAYING CS. You can still file but its best to see what happens. Dont agree to anything without seeing updated financials from him. When you get those you can calculate what he was supposed to be paying the past few years.

                            Bottom line is, he cant waive retro support (especially if hes had a big salary jump) if hes seeking 50/50. And he will still have to pay off set support.

                            Deep breaths. Youll be ok!

                            Comment


                            • #15
                              Thank you Rockscan for your reply. I just want to do things the right way and ensure Things are in place so I don't need to deal with this year after year. Thank you again. 😊🙏

                              Comment

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