Back to Basics-SOme Questions about Child Support

[ConcernenedStepMom78]

Good Morning Everyone....Hands the Forum readers a coffee

I do understand the Frderal Child Support Guidelines, but as I am building key points to fight for in court whether for an attrney ot for my husband to fight on his own. I am confused about some things.

The federal Child Support Guidelines are based on Gross earnings.

1) From the prior tax year?

2) If parents share care of one child and one child lives predominantly with the other child how do you calculate?

[epinecone]

Last years gross income

Last years Gross Income from your T1A is used to determine your income. Unless there has been a material change that you or the counter party can substantiate (Job Loss, Promotion, etc.)

If the Child who lives with both parents meets the 40% threshold, you may be able to use the offset method for that child. Wherein the Payor pays his table amount minus the table amount of the lower income spouse.

The Child who lives with the CP would be the table amount.

If there is a signficant gap between the payor and the recipient, a judge may not grant the offset method. I have my kids more than half the time, but pay the full amount because the childrens mother chooses to only work 2-3 days a week for a very low wage.

[ConcernenedStepMom78]

Okay these are my calculations...I f someone could correct me if I am wrong or assist that would be great

Parent 1 = Applicant/Recipient (Dad)
Parent 2 = Respondent /Payor (Mom)

2009 Income According to Line 101 of CRA Statement

Parent 2 $83,910.00.......... (Basing Amounts off of Split Custody where
parent 2 shares 50/50 care with daughter
and parent 1 is CP for son since
February 2010)

CS Guideline Amount for 1 child $750.00

Parent 1 $38,200.00

CS Guideline for 1 Child $352.00

Parent 2 pays 100% of amount for 1 child andoffsets amount for the other.

$750.00
-$352.00
________
$398 (Offset amount for daughter)
+$750 (For Son)
________
$1148.00

(Parent 2 has only paid $600 per month as per both parties agreement fild with FRO and Parent 1 has NOT asked for any increase even though based on Parent 1's 2009 income he could have)

[epinecone]

Material Change

If she has had a legitimate material change, then the system allows for her to file a Variance Motion to reduce her obligation to the new reality.

From what you have written, it is plausible she has intentionally underemployed herself. However, from personal experience there are many situations in life that can generate a significant material change outsie of a persons control.

I am in a different situation in that the recipient has remained cronically underemployed since our seperation, yet refuses to accept a material change forced on me by life events beyond my control. I carry the financial cost of raising the kids and supporting their mother, yet we share the parenting responsbilities equally.

I made a decision, as I posted in your other thread, to continue to provide equal parenting to our kids rather than to accept a position in another area that would have required my relocation and would have allowed me to provide the same level of financial support as before.

I would like to think that eventually, the courts will see that I have made the right choice and allow me to offset the CS obligation based on my new reality.

[ConcernenedStepMom78]

Okay realistically I need to know the possible outcomes in dealing with this. Child Support is and will ontinue to be a major fight with my husband's ex.

The ex has stated thet it is supposedly a known act that the hospital where she works has been making cutbacks,as it was supposedly in the news, even though the only news we can find is about the expansions and how well the hospital is doing and prgressing. However they are expanding and there is major restructuring and renovations. She wants Child Support reduced based on what she "thinks" she will make for year ending 2011. She states that she cannot afford $600 amonth as it has been since 2008 and this is the calculation we have come up with.


Mom......... $54,780 (year not ended additional income unknown)
Dad....... $38,700 (This will be Dad's 2010 ending Income)

Based on same equation above

Mom CS Guideline for 1 child: $507.00
Dad CS Guideline for 1 Child: $356.00

$507.00
- $356.00
_________
$151.00 (Offset Amount for Daughter at 50/50)
+$507.00 (For Son 100&#37
_________
$658.00

(The amount of Child Support should not be changed from $600/month as agreed by both parties per Seperation Agreement dated October 3, 2008 to maintain the Standard of living the children have been accustomed to since our separation in 2008)

[Mess]

She can have the support amount adjusted when she is able to provide proof of income. Period. You don't friggin agree to an amount of support based on what someone might just possibly maybe will earn NEXT year. Moreover 99% of parents would have the old income imputed anyway, at least until they could provide evidence of failed job searches.

[ConcernenedStepMom78]

Well this is why she filed her Motion to Change (Drcember 14 2010) based on what she thinks she will be earning. We asked her to widthdraw it for now because everything is up in the air. She moved back but she is living with a friend, and unable to meet the court ordered acess schedule. She is working trying to save so she can get a place back in town. BAsed on this we asked her to withdraw the Motion to CHange until she was in a more stable situation, keeping in mind that there is also trial assigment on November 26, before the date to hear this Motion to Change. I am thinking that we need to have her Motion dismissed, but to bring our own Motion for a temporary Change in Custody given the change in circumstances and that despite her move back to town there are still genuine issues for trial. We are thinking of going for Sole Custody with 50/50 access of the daughter on a week about regime, the Son still desires to remain here 100% but to be allowed to visit mom as at his discretion (Mom states she is moving into complex that is walking distance from us) Also to have a clause that would prevent her from moving more than 30km in order to keep this regime, if she moves more than that than the schedule would be every other weekend with a midweek (overnights will be allowable if she remains within 50km) on alternating weeks. She has been so unstable and we think she could try to pull a fast one over on us, have trial dismissesd ...ex agreeing to a week about then she up and moves back to her friend/bf 100km away. She has not disclosed anything about their relationship, breaking up, other than to say things were tense between them...BUT she has left all her stuff at his residence. Its all hasty and we want to give her the benefit of the doubt but out guards will remain raised. She is an RN and as for job searches my husband and I did search and there are plenty of jobs available.

[InterprovincialParents]

I would agree with your first scenario, based on an imputed income. Period.

She can then bring forth an undue harship claim, and try to prove it...which the courts ensure is a tough task to take on.

[ConcernenedStepMom78]

IPP!!! OMG they must be workin you hard girl..... Ya things have gone from bad to worse to hopeful to not cool. We have an attorney who is willing to look at it, but we are not falling into the trap of letting a brain surgeon fix our car again...I have researched this lawyer he seems to have good points and bad.

[InterprovincialParents]

18 hour days, 100 hours of overtime earned each week...yeah, I have been working hard...just glad to be down to 10-12 hour days now!

Most importantly...what are his bad points? Done a name search on Canlii to see all cases he has represented?

[ConcernenedStepMom78]

Yep I did...Worst case he did I read he represented an individual off the record...The person came back and said that they agreed to all except a couple things, then the lawyer wouldnt respond...eventually he put himself on the record and represented this person but it took awhile. lemme give you a link although some of this may now be void in our case now that "Mom" moved back to town, i wish to utilize the procedures in the within proceedings of it...honestly IPP I do not know where to take this whole case now, alot has changed in a very short time.

[InterprovincialParents]

She moved back???? Sorry, but I am just catching up!

[ConcernenedStepMom78]

Yep, she is living with a friend working LOTS all of a sudden so she can save for a place here in town.

[ConcernenedStepMom78]

she txt'd then called and stated she was not going back there, staying with a friend and working as much as possible in order to have a place by december. She has only seen her daughter and son once in the last week for a couple hours and doesn't plan on another visit until thursday. As well she has only called once to talk to her daughter for five minutes.

[InterprovincialParents]

Maybe she really is working at it? I would just be cautious that she does not move back to gain custody, then move again! While you're at it, does the friend have the ability to accomodate the children? If not, that is a valid reason for less access...and you now wait til first week of December?