Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 01-24-2016, 02:15 PM
momwithteendaughter momwithteendaughter is offline
Member
 
Join Date: Jan 2016
Location: Ontario
Posts: 45
momwithteendaughter is on a distinguished road
Default 50/50 access and Child Support

I had put a motion for child support (full disclosure of financials, extra ordinary expenses and requesting for retroactive pay). We have court date coming up next week. He was served over a month ago therefore the 30 day deadline has passed. He has not responded. He says he has a lawyer.. I know he has manipulated the situation in making access 50/50 (our daughter is 16 there not much that can be enforced on my end). I understand a judge won't order a 16 years access etc. A decision of 50/50 is heavily weighed on where a teen wants to live. My question is:
1) With regards to child support, if he makes significantly more than I do will he still be responsible for child support? Or will he and his lawyer try and go for 50/50 and no support?
2) who decides on access schedule when moving to 50/50?

Looking for advise PLEASES
Reply With Quote
  #2  
Old 01-24-2016, 02:35 PM
Beachnana Beachnana is offline
Senior Member
 
Join Date: Apr 2013
Posts: 1,358
Beachnana is on a distinguished road
Default

So I am guessing you filed your motion at the court house. Did you go check that they have not filed a response and just posted you their response? Important to check continuing record at the court house first.

do you have an existing agreement.
Reply With Quote
  #3  
Old 01-24-2016, 02:43 PM
momwithteendaughter momwithteendaughter is offline
Member
 
Join Date: Jan 2016
Location: Ontario
Posts: 45
momwithteendaughter is on a distinguished road
Default

Hello. Yes. I filed the motion and had him Served. As of 2 days ago (Friday) I checked with th court house and he has not filed a response yet. Also I haven't received a letter from his lawyer stating he has been retained. Yes we do have an order in places based for access where she visits him every other weekend and full child support ) order has been in place since 2010
Reply With Quote
  #4  
Old 01-24-2016, 03:15 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,445
rockscan will become famous soon enough
Default

Quote:
Originally Posted by momwithteendaughter View Post
I had put a motion for child support (full disclosure of financials, extra ordinary expenses and requesting for retroactive pay). We have court date coming up next week. He was served over a month ago therefore the 30 day deadline has passed. He has not responded. He says he has a lawyer.. I know he has manipulated the situation in making access 50/50 (our daughter is 16 there not much that can be enforced on my end). I understand a judge won't order a 16 years access etc. A decision of 50/50 is heavily weighed on where a teen wants to live. My question is:

1) With regards to child support, if he makes significantly more than I do will he still be responsible for child support? Or will he and his lawyer try and go for 50/50 and no support?

2) who decides on access schedule when moving to 50/50?



Looking for advise PLEASES

If its 50:50 then he pays offset support. S7 expenses still remain at the income split.

He and his lawyer cant go for no support.

I think you both can work on the schedule for kid together or get input from kid.

Look up the supreme court case against D.B.S. And child support. If your ex provides financials which show he hasnt reported his income increases then he may be on the hook for retro support.

Things to remember in a final order: post secondary expenses, when cs ends for kid, what happens if kid decides to go full time with one parent over another, and the provision of updated financials annually.
Reply With Quote
  #5  
Old 01-24-2016, 03:52 PM
momwithteendaughter momwithteendaughter is offline
Member
 
Join Date: Jan 2016
Location: Ontario
Posts: 45
momwithteendaughter is on a distinguished road
Default

Yes I know I have to keep in mind if she decides to go full time. As for now I believe she wants the 50:50 split. As for post secondary. Is there anything j should know or be prepared for which I can prepare for now?
Reply With Quote
  #6  
Old 01-24-2016, 04:14 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,445
rockscan will become famous soon enough
Default

Im not sure how these things go. Youve filed a motion for support but you have to think long term. You want to have it in writing what happens when kid finishes school in another year or two. If it gets discussed for a final order, make sure its 1/3 to kid and then split according to s7.

And remember it doesnt matter what the custody is, s7 is split based on incomes not offset.
Reply With Quote
  #7  
Old 01-24-2016, 05:41 PM
momwithteendaughter momwithteendaughter is offline
Member
 
Join Date: Jan 2016
Location: Ontario
Posts: 45
momwithteendaughter is on a distinguished road
Default

In our current agreement Special extraordinary expenses is mentioned. According to S7 post secondary school falls under this category. Closer to the time it will need to be reviewed/discussed.

I am baffled by the fact that a response hasn't been made to the motion considering he says he had a lawyer. I'm not sure what to expect. Has anyone experienced situation where respondent and lawyer file last minute? I guess at that point I would be given option to accept late response? Anyone know the answer to this???
Reply With Quote
  #8  
Old 01-24-2016, 05:43 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,445
rockscan will become famous soon enough
Default

Im confused. You have an agreement outlining custody and child support? Your motion is to change the agreement to 50/50? He hasnt been paying the support in the previous order?
Reply With Quote
  #9  
Old 01-24-2016, 05:48 PM
momwithteendaughter momwithteendaughter is offline
Member
 
Join Date: Jan 2016
Location: Ontario
Posts: 45
momwithteendaughter is on a distinguished road
Default

We have an orde outing custody/access and child support
My motion is to enforce disclosure of financial info (noa etc) as I'm sure his income has increased over the last 5 years . I haven't recvd since 2010 (inception of originally order). In the motion I'm also asking for retroactive pay and extraordinary expenses which he hasn't reimbursed me for. The access change was raised after he was served. I know he's trying to avoid paying any support. He was paying support month up until recently (January).
All advice welcome.. Thank you
Reply With Quote
  #10  
Old 01-24-2016, 05:52 PM
mcdreamy's Avatar
mcdreamy mcdreamy is offline
Moderator
 
Join Date: Jul 2011
Posts: 1,433
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by momwithteendaughter View Post
Yes I know I have to keep in mind if she decides to go full time. As for now I believe she wants the 50:50 split. As for post secondary. Is there anything j should know or be prepared for which I can prepare for now?
Post-secondary is situation dependent, given the financial status, education status, etc. of both parents and even the academic standing and educational plans of the student. If your ex is making significantly more than you, you do need to push for full financial disclosure and make no decisions until you have received same. The current agreements I’ve been seeing lately require a “reasonable” contribution by the child, and have a drop-dead of the child either obtaining first degree/diploma, or attaining the age of 23, whichever comes first, for payment of cs during post-secondary.

Do you not have a written separation agreement now, that deals with these future steps? I’m not sure the older agreements set an age- I know my 1997 agreement doesn’t.

If you can reach a settlement agreement (and subject to your existing written agreement, if any), ensure there is a material change clause in one or the other, and consider adding if the child resides with one parent longer than 30 or 45 consecutive days as a definition of a material change. That might save a future hassle for each of you in confirming.
Reply With Quote
Reply

Tags
access, child support


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Children's bennefits Wiser2008 Financial Issues 21 05-03-2019 06:21 AM
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 10:55 AM
Have I given up my rights as a parent? brokendad Common Law Issues 3 11-05-2009 06:57 PM
new here & need advice Please??? momofnl Divorce & Family Law 4 03-25-2007 02:36 PM
Case Conference Info tycooke Divorce & Family Law 9 07-12-2006 09:11 AM


All times are GMT -4. The time now is 04:46 PM.