Divorced in 2009 with a separation agreement that was done through mediation.
Ex had full custody of the (2) kids while I had them EOW. This was no choice of my own. I had lots of RRSP's and other investments while she had nothing. So my 50% of the matrimonial home basically went to her to cover off that money that was owed to her.
One child decided they wanted to move in with me back in the Fall. So my Ex has one and I have one.
My ex is self employed (home Daycare) and has only offered to pay child support on her net income after all allowable CRA deductions are removed. Based on all the calculations in her tax documents she is writing off 60% of her income. (house repairs, mortgage interest, ETC) Currently she is paying child support based on a salary of $13,000 a year. Through my own calculations and using case law I have determined that her salary should be around $37,000 ($46,000 was her gross). My figure accounts for about 20% in income deductions which I believe to be a fair assessment.
She refused any changes in amounts and lawyered up. I (self representing) have sent off all my calculations with supporting documents to her lawyer back in October. I haven't heard anything back from them other than you will be hearing from us in the next 2 weeks. We are 4 months into it now!
My issue is I am still paying full table support for both kids every month ($1800), and receiving a joke of child support from her (under $75 every 2 weeks) but it cant continue. My finances can only stretch so far.
Based on my calculations she is short paying by over $400 a month. Should I just forget about waiting on her lawyers response and start a motion with the courts? (never had to go through courts before) The child that lives with me will be a child of the marriage for another 6 years or so.
Any advice on what my next steps should be would be greatly appreciated.
Ex had full custody of the (2) kids while I had them EOW. This was no choice of my own. I had lots of RRSP's and other investments while she had nothing. So my 50% of the matrimonial home basically went to her to cover off that money that was owed to her.
One child decided they wanted to move in with me back in the Fall. So my Ex has one and I have one.
My ex is self employed (home Daycare) and has only offered to pay child support on her net income after all allowable CRA deductions are removed. Based on all the calculations in her tax documents she is writing off 60% of her income. (house repairs, mortgage interest, ETC) Currently she is paying child support based on a salary of $13,000 a year. Through my own calculations and using case law I have determined that her salary should be around $37,000 ($46,000 was her gross). My figure accounts for about 20% in income deductions which I believe to be a fair assessment.
She refused any changes in amounts and lawyered up. I (self representing) have sent off all my calculations with supporting documents to her lawyer back in October. I haven't heard anything back from them other than you will be hearing from us in the next 2 weeks. We are 4 months into it now!
My issue is I am still paying full table support for both kids every month ($1800), and receiving a joke of child support from her (under $75 every 2 weeks) but it cant continue. My finances can only stretch so far.
Based on my calculations she is short paying by over $400 a month. Should I just forget about waiting on her lawyers response and start a motion with the courts? (never had to go through courts before) The child that lives with me will be a child of the marriage for another 6 years or so.
Any advice on what my next steps should be would be greatly appreciated.
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