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Quality of time Vs. Quantity of time for CS

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  • Quality of time Vs. Quantity of time for CS

    I am scouring CanLII etc. It is quite the process.

    I am wondering, however, if anyone knows off-hand, of a legal precedent for considering the nature/quality of the time spent between parent and child when determining child support.


    i.e children are home during all waking hours and remain the responsibility of one parent during the day, but return to the other only to sleep. In this way, the nature of the parenting time is taken into account and a simple 'counting of hours' is not the only consideration.


    Many thanks,

  • #2
    Is your ex now trying to re-integrate at night? I wouldn’t be agreeing to this. A judge ruled you needed to re-integrate and if she refuses then you can file for it. Stop searching cases and start pushing your ex to get back to that time sharing. Document every time she refuses. Definitely respond that you want equal time with the children including waking hours as you are their parent as much as she is.

    Comment


    • #3
      It's complicated.

      In short, she is seeking retro-active child support for a period last year where we were trying to re-integrate. During that time she filed for sole custody and our daughters stopped coming home here.

      The court eventually ordered an assessment. One of the recommendations was that the children re-integrate starting immediately (that was in March) according to a plan the assessor had laid out. OP refused to accept the recommendations and continued with her motion for sole custody.

      At our settlement conference this September, she requested the retro CS for the previous period, where we were voluntarily working with a CAS to re-integrate but where the CAS voiced concern she was undermining the process.


      The Justice (after much back and forth with OP's lawyer), granted her leave to file for the retro, but also stated that re-unification counselling between myself and the children must start immediately. We return to the same Justice in November, where, if there is no advancement to that end, she will grant leave for me to file for access.


      To be clear, the period for which she is seeking retro is a period where I continued to pay all Sec7 expenses, counseling, medical costs and RESPS for our daughters. Not something I would have been able to do if I had been paying the full table amount. Now that isn't being leveraged against the retro and she is seeking the full table retro for those six months (I started paying full table amount voluntarily through a motion on consent, when the CAS plan failed).

      The almighty dollar seems to be her priority.

      Comment


      • #4
        I wouldn’t waste time using case law (which probably doesnt exist) and simply refute that you were working to reintegrate and she was withholding the children as a tool to get full table support. Maybe use your documented requests as proof that you were of the mind that you were in a 50/50 situation and she was withholding.

        Im not a lawyer though...

        Comment


        • #5
          Originally posted by Trix View Post
          i.e children are home during all waking hours and remain the responsibility of one parent during the day, but return to the other only to sleep. In this way, the nature of the parenting time is taken into account and a simple 'counting of hours' is not the only consideration.
          Day parent does not require rooms for the children, since they are not sleeping there. Day parent does not require most toiletries, since bedtime and morning routines take place with sleep parent.

          Sleep parent requires rooms, and night clothes, and toiletries. If kids are getting dressed in the morning with sleep parent, then sleep parent is probably providing almost 100% of the clothing.

          Sleep parent is covering almost all costs covered by child support, therefore Day parent should be paying almost full table CS.

          ...that said, I agree with Rockscan in the approach you should take. I was just pointing out that your argument was probably not even effective

          Comment

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