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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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  #11  
Old 03-04-2016, 03:27 PM
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Originally Posted by hdc1894 View Post
She makes approx 55-60k. She just finished school and is starting a new job so not exact numbers as she has 2 part-time jobs versus one full time. Her past incomes are much lower than mine as she only had one part time job paying approx. 25k. Newer job has much higher wage. My income is 110K.
Your incomes are quite different. 55k is not "fine" when your ex makes 110k. 25k is even less "fine".

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I don't believe she had experiences any ability to earn income being decreased as a result of choices to stay home. Was in a different province and was 8 years ago. The average income in ontario for someone with her degree type is $65k according to statscan.
So, even by your calculation, she is making anywhere from $10,000 to $40,000 less per year than she should be making on average.

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My hopes for kid is same school, I would cover activities after discussing with STBX as my income is higher.
Presumably your plan is to do this instead of paying child support?

I'll tell you how this goes down if you guys have a disagreement down the road. You will still pay for all the activities (since you said you would), and you will pay child support on top of that.

Section 7 expenses are not child support.

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i hope for shared custody with me having primary residence but extremely liberal access (whenever they both want). but with base of EOWE and one social night per week. I want is best for him, period.
Does your ex want the same thing? To give up custody if she moves, pay you table child support, and hardly see the kid?

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I think we will try to do ourselves and I like your advice mcdreamy. I will propose that.
A couple of points:

1) Without child support provisions, a judge will not actually let you get divorced.
2) Your ex is not even allowed to agree not to receive child support. Only the child can agree not to receive support, and since a child cannot consent to not receive support, there is no way to waive support.
3) You are, in my opinion, grossly overestimating the level of cooperation that will exist with your ex. Arguments become more difficult to resolve once separated, not easier.
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  #12  
Old 03-04-2016, 03:56 PM
stripes stripes is offline
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Have you looked at the Federal Child Support Guidelines?

Support tables

These will tell you how much you will have to pay your ex in child support, based on your income. If the kids live with you half the time and her half the time, you will each pay the other parent the guideline amount (so that in practice, you will be paying your ex a lot of child support because your guideline amount is much higher than hers, due to the big gap between your incomes). If the kids live with one parent more than 60% of the time, the parent who has less time with the kids pays the parent who has the majority of time the full guideline amount for this or her income. There really isn't any way to negotiate around these amounts, except in very unusual circumstances.

Child support is completely different from spousal support, so you can't use one to negotiate the other, e.g. "I'm paying x amount in CS, so that should be taken into account in my SS payments". They are two entirely separate calculations.

Like Janus, I think the fact that you make more than double what your spouse makes is significant. From what you've said, your spouse was out of the workforce to care for your child for two years out of the last eight, plus one move which made it difficult for her to find work (I assume the move was for the benefit of your career?). Putting all the pieces together, she probably has the grounds to argue that she has been economically disadvantaged by the marriage compared to you, and should be compensated through spousal support (time-limited, as it sounds like she's still pretty young). I wouldn't bring up the issue of spousal support unless she brings it up first, but you may wish to start thinking about what would be a reasonable and fair form of SS.
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  #13  
Old 03-04-2016, 04:21 PM
hdc1894 hdc1894 is offline
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Again, thanks to all as I am just starting out on this. If we split custody I am fully expecting to pay child support based on the income differences. comments here confirm that thank you. I am not saying that they will truly offset each other but if entitlement (not really sure how to determine this one objectively) to SS based on an income of 65K (She should be able to get a job like this now given her current education level but I not banking on it) and I have majority of custody, she owes me CS and I owe her SS which (unless mysupportcalculator is wrong) largely offset each other (she owes me 400 and I owe her 350 type scenario).
I am hoping i don't sopund like a deadbeat here because that is not the case. I read somewhere that a happy ex is a good thing to have.

Janus you may be right on cooperation but I am hopefull now and will see how things unfold. I am an organized guy and will make sure to haveeverything stated. Any idea where I could find an example of a seperation agreement that gives a great example of comprehensive listing of all these possibilities?
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  #14  
Old 03-04-2016, 04:40 PM
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When your ex retains a lawyer for ILA (Independent Legal Advice) she will be told by her lawyer that she is entitled to SS. You can be getting along wonderfully but typically as soon as someone has smoke blown up their ass about what they "could" get then the gloves come off. Brace yourself. Lawyer will simply see two people with income and do a quick calculation of the fees he can bill if the two of you don't get along (of course the lawyer won't tell you or your STBX this).

Take a close look the tables "with child support" and plunk in the numbers to give yourself a ball-park figure of what you can expect your STBX's lawyer to request for SS (do not offer this).

Good luck. Hope you can prove me wrong!
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  #15  
Old 03-04-2016, 04:52 PM
rockscan rockscan is offline
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Would her wanting to move an impact on SS?
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  #16  
Old 03-04-2016, 09:04 PM
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No - either party can move anywhere with no effect on SS.
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  #17  
Old 03-04-2016, 11:50 PM
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K I just wondered if she could make 65 in her current location but moving would only give her say 45 and then if she claimed she needed ss because she cant make 65.
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