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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-28-2009, 02:20 PM
littlemark littlemark is offline
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Default Calculating time for 50/50 shared access

I'm sorry I've tried to search here but cannot seem to find the answer. My apologies if it has been answered elsewhere.

In the case of a proposed 50/50 access split how tight are they on calculating time for CS? The table offsets will send about $350ish a month in CS from the ex to me. While figuring out the access schedule do I need to count hours?? Because of my job, I would be looking at falling somewhere around 5-6 hrs short of a complete 50% split.

While the money is absolutely not my principle goal in this, I thought I should ask before I agree to something that may come back and bite me in the butt later. She's being surprisingly good about the shared access and frankly right now I'm highly suspicious of her motives when she's seemingly doing the right thing - she was already screaming I wouldn't see a penny in CS last week!

Thanks.
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Old 07-28-2009, 08:49 PM
Foredeck Foredeck is offline
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There's a court precedent in Ontario or BC for this. However, it has never gone to the Supreme Court for clarification, I believe they're waiting for it.

Its 40%, so you have some wiggle room. Most judges count days and not hours. They count who packs the lunch, who sends them off to school, who would pick them up if they're sick.

Some judge say that if you make it to roughly 38 or 39% with the intention of oging to 40%, then you're safe. However, one judge said that 40% is the minimum.

If it helps, I count how many nights she sleeps at my place. I figure that the rest evens out a little.

My minimum is 45%, so then I have 5% buffer to the 40/60 split. And, it's not the money that's the primary incentive, however, when it's 400$ per month, it does alter my thinking a little.
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Old 07-28-2009, 11:12 PM
littlemark littlemark is offline
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Thanks ForeDeck. Sounds like we have very similar situations. For me it literally will be a varience of a few hours to accomodate my work schedule. Basically a Sunday that will be split in half. This should put me well above the 40% - I was concerned I would have to start counting hours to make up elsewhere.

And you're right, for me it is about the time not the money ... but if its there I sure won't turn it down

Thanks for the input, you made the discussion of my ex and I tonight much easier to have.
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Old 07-29-2009, 07:55 AM
Foredeck Foredeck is offline
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Look up the case Mehling Vs Mehling, 2008 MBCA66. I believe it's an appeal case, not exactly sure from where.

The judge quotes all the other cases from across Canada, and I think it'll reassure you.

I printed a calendar from Excel and I just write down where our daughter sleeps. Sometimes I pick her up for 2 hours on a Saturday after noon, and sometimes I drop her off earlier, but like I said, it evens out.

I'm at roughly 55%, and I have no intention, nor do I care to go over the 60%. So, I know that it's impossible to argue that it's actually under 40%.

Good luck.
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