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 05-01-2013, 10:26 AM
red6419 red6419 is offline
Senior Member
 
Join Date: Jul 2010
Posts: 174
red6419 is on a distinguished road
Default 50/50 Case Law

Hi there,

I'm looking for case law for 50/50 that talks to the sharing of expenses, CS, and how section 7 is calculated.

Specifically I'm looking for case law that confirms that the paying parent is the one who is put in a position of having less money available to support the kids in their home due to the transfer of funds thru CS and section 7. And for case law that supports a straight offset amount of CS.

50/50 has been since the date of separation - not at a later time if that helps.

Thanks!!
Reply With Quote
  #2  
Old 05-01-2013, 11:53 AM
billm's Avatar
billm billm is offline
Senior Member
 
Join Date: Sep 2008
Posts: 2,431
billm is on a distinguished road
Default

Are you paying full table CS or what?
Reply With Quote
  #3  
Old 05-01-2013, 12:59 PM
red6419 red6419 is offline
Senior Member
 
Join Date: Jul 2010
Posts: 174
red6419 is on a distinguished road
Default

Quote:
Originally Posted by billm View Post
Are you paying full table CS or what?
not for me - but currently offset - one party is looking for more then offset...
Reply With Quote
  #4  
Old 05-01-2013, 02:28 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Contino v. Leonelli-Contino

This case is cited all over the place.

CanLII - 2002 CanLII 2774 (ON SCDC)

CanLII - 2005 SCC 63 (CanLII)

http://www.canlii.org/eliisa/highlig...aW5vAAAAAAAAAQ
Reply With Quote
  #5  
Old 05-01-2013, 03:25 PM
red6419 red6419 is offline
Senior Member
 
Join Date: Jul 2010
Posts: 174
red6419 is on a distinguished road
Default

Quote:
Originally Posted by FB_ View Post
Contino v. Leonelli-Contino

This case is cited all over the place.

CanLII - 2002 CanLII 2774 (ON SCDC)

CanLII - 2005 SCC 63 (CanLII)

CanLII - 2003 CanLII 30327 (ON CA)
Thanks FB - my issue with Contino is that the mother was successful in getting the father to pay more then the standard offset... which goes against what I'm looking for... Unless I've read it wrong - its a looooong read.....
Reply With Quote
  #6  
Old 05-01-2013, 03:40 PM
red6419 red6419 is offline
Senior Member
 
Join Date: Jul 2010
Posts: 174
red6419 is on a distinguished road
Default

reading thru the whole thing again... obviously i missed something on the first read - would appreciate some insight from those clearly smarter then me...
Reply With Quote
  #7  
Old 05-18-2013, 08:20 AM
phatkid77 phatkid77 is offline
Senior Member
 
Join Date: Dec 2009
Posts: 191
phatkid77 is on a distinguished road
Default

U sound to be complicating things... I pay offset. And 60/40 for section 7 expenses based on the difference in our incomess... It's that easy

Paying parent??? Like if.my ex pays $100 for a coat and I give 60... She's not worse off?? Unless I'm not following. Or the other person isn't paying on time
Reply With Quote
  #8  
Old 05-18-2013, 05:01 PM
red6419 red6419 is offline
Senior Member
 
Join Date: Jul 2010
Posts: 174
red6419 is on a distinguished road
Default

Quote:
Originally Posted by phatkid77 View Post
U sound to be complicating things... I pay offset. And 60/40 for section 7 expenses based on the difference in our incomess... It's that easy

Paying parent??? Like if.my ex pays $100 for a coat and I give 60... She's not worse off?? Unless I'm not following. Or the other person isn't paying on time
that is what we'd like. However the other side (the payee) is looking for more then offset.
Reply With Quote
  #9  
Old 05-18-2013, 06:00 PM
phatkid77 phatkid77 is offline
Senior Member
 
Join Date: Dec 2009
Posts: 191
phatkid77 is on a distinguished road
Default

Payee.... Receiver?? Ya my ex lawyer said she will get more than offset. Even if 50/50. Judge saw custody was around 50/50. Bang. Offset. And the lawyer that has promised for 3.5 yr to get her more... Didn't argue or plead for more. Because he KNEW all along the outcome
Reply With Quote
Reply

Tags
50/50, offset, setoff


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
Case Law, Case Conference and Mediation Free-spirit Divorce & Family Law 5 09-30-2012 10:55 PM
Costs in Bad Faith mom2three Financial Issues 1 10-24-2011 05:19 PM
Postponing Case Conference frustrateddad1970 Divorce & Family Law 2 06-18-2011 12:38 PM
CS in 50/50 custody? Lanfear Divorce & Family Law 5 09-17-2010 11:27 AM
No doc been served from Respondent for case conference nick2009 Divorce & Family Law 6 01-22-2010 08:38 PM


All times are GMT -4. The time now is 11:23 PM.