Hi All,
I hope everyone is having a relatively stress-free holiday season.
My former spouse and I signed a relatively open-ended separation agreement back in May. The agreement stipulated joint custody, however, primary access was to be with my former spouse. I did not contest this at the time because I had anxiety management issues. As well, my ex had indicated that she hoped I would become a hand-on co-parent as a result of the separation, so I didn't think I was exposing myself to too much risk that my access would be limited in any way.
Over the summer, as my anxiety issues became under control, I sought to increase my access to about 40 percent every month; in October, I actually did have my boys more than 40 percent of the time and sought to have the amount of child support lowered. My ex was against this and we have been in a dispute ever since.
She claims that we have to follow the separation agreement to the letter, which was open-ended and had no specifics regarding access. We are likely heading towards seeing a mediator, but before using a mediator, I'm hoping that forum members with experience can provide insight into how things might unfold.
Here are the facts:
1) In May 2010, we signed our separation agreement. At the time, my table amount for CS was 1453, plus I was responsible for 65% of section 7 expenses.
2) From May until early September, I was seeing my children less than 40% of the time and I was paying the full amount of CS.
3) In September, I started receiving EI and unilaterally changed the amount of CS from 1453 to 359; I also changed the percent of section 7 expenses from 65% to 28%. Naturally, this pissed off my ex.
4) In November, I started receiving disability insurance payments. Since then, I have remitting CS and section 7 on the basis of my disability insurance income.
5) Since October, I have been seeing my children approximately 40 percent of the time. I feel that my ex has been purposely limiting access because she wants me to maintain the full table amount.
6) Last week, my ex and I found ourselves at loggerheads regarding access and child support. She is threatening to go to the FRO. I have paid her in full for the CS for October, November and December, even though she purposely limited my access.
Grateful for any insights and wisdom you can provide.
I hope everyone is having a relatively stress-free holiday season.
My former spouse and I signed a relatively open-ended separation agreement back in May. The agreement stipulated joint custody, however, primary access was to be with my former spouse. I did not contest this at the time because I had anxiety management issues. As well, my ex had indicated that she hoped I would become a hand-on co-parent as a result of the separation, so I didn't think I was exposing myself to too much risk that my access would be limited in any way.
Over the summer, as my anxiety issues became under control, I sought to increase my access to about 40 percent every month; in October, I actually did have my boys more than 40 percent of the time and sought to have the amount of child support lowered. My ex was against this and we have been in a dispute ever since.
She claims that we have to follow the separation agreement to the letter, which was open-ended and had no specifics regarding access. We are likely heading towards seeing a mediator, but before using a mediator, I'm hoping that forum members with experience can provide insight into how things might unfold.
Here are the facts:
1) In May 2010, we signed our separation agreement. At the time, my table amount for CS was 1453, plus I was responsible for 65% of section 7 expenses.
2) From May until early September, I was seeing my children less than 40% of the time and I was paying the full amount of CS.
3) In September, I started receiving EI and unilaterally changed the amount of CS from 1453 to 359; I also changed the percent of section 7 expenses from 65% to 28%. Naturally, this pissed off my ex.
4) In November, I started receiving disability insurance payments. Since then, I have remitting CS and section 7 on the basis of my disability insurance income.
5) Since October, I have been seeing my children approximately 40 percent of the time. I feel that my ex has been purposely limiting access because she wants me to maintain the full table amount.
6) Last week, my ex and I found ourselves at loggerheads regarding access and child support. She is threatening to go to the FRO. I have paid her in full for the CS for October, November and December, even though she purposely limited my access.
Grateful for any insights and wisdom you can provide.
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