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Ex-wife wants to change the schedule in a separation agreement

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  • #16
    Originally posted by nofrills View Post
    net CS payment is $1350/mth to her (offset). I have he kids 3/7 days. No less than 40%.
    Being above 40% does NOT guarantee offset. It merely provides the opportunity. If you are below 40%, then you are paying table CS unless you can prove some pretty exceptional circumstances. Above 40% the judge can look at a number of factors.

    You are at 42%, that is pretty close to being under 40%. Some judges calculate time in wonky ways that can easily put you under 40% (eg. assign all school hours to parent who spends more time with the kids).

    You are not guaranteed offset at all.

    When I go into mediation, I'm happy with no change in schedule but I'm going to re-propose 2255 schedule or week on week off.
    What I would do is print out 8 different 50% plans, and let her pick the one she likes best. You can even colour code them for ease of viewing in stereotypical pink and blue for mom and dad.

    Ask her what she thinks the pros and cons are of each schedule, and which would be her top 3. The point is to move away from the discussion of whether 50% is correct, to what form the 50% will take.

    I'm hoping the mediators can convince the ex it's better for everyone so that we both get full weekends and our share of weekdays.
    Mediators are not really there to convince anybody of anything. If you are expecting the mediator to do that you are going to be disappointed.

    I think because the ideas come from me she won't listen to them.
    That's why you give her the 8 options and let her choose. She gets agency, you get what you want.

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    • #17
      I am currently pushing for this EXACT schedule but ex is refusing stating that our youngest is too young for this, being 2.5. Wont give me anything more than two weekdays plus EOW.

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