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Paying Full Table CS with 50/50 Shared Parenting

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  • Originally posted by blinkandimgone View Post
    Keep whatever your current arrangements are for daycare, which is your right to do. Verify that she is running a licensed/registered daycare. Ask for updated financial statement and writtwn agreemeent to reflect the change in CS and make sure that you update financials at tax time. Also make sure to verify the numbers she has given in your own. And don't forget her share of section 7 as well.

    It's a start. A shitty one, but a start nonetheless.
    So upon further analysis,
    Parent A - $40,091 ; Parent B: $20,800 (as per her -mail)

    40,091 - 20,800 = $19,291

    Which, according to Child Support Table Look-up is $153,68. Not sure where she got her figure. It's really only a difference of a few dollars but might as well do it the right way.

    How should I approach asking if her daycare is registered/licensed , etc without sounding to intrusive or high conflict? I should ask for a financial statement right now? Or wait until tax time?

    Also ... what for do I need to vary a support order for FRO? I cant find an appropriate one here: Family Responsibility Office Forms | Ministry of Community and Social Services

    Thanks everybody,

    LF32

    Comment


    • Your cs is not based on combined income. The difference between her table and yours. If it's offset. It should be about $200. You're doing the math wrong.

      You ask her. Please provide proof of the costs you are charging your clients (she would have a contract with them and providing receipts), please provide your plan for marketing the daycare to advertise to five children (or 4 if d5 is there) and please provide proof that your own worker is aware of this and has agreed to this change (for guarantee she won't lose her housing). Stop being afraid of her. You want this change, make her show you!

      Once you agree, you do a form 15c agreed to motion to change and file that. You then file that with FRO.

      Don't be so quick to jump. She could be making $500+ a week with four kids but she's only got two and is content (for some reason) to live on minimum wage. What happens when ow cuts her off? Or what happens when d5 is older? I know it's an improvement but she is not to be trusted. She was told to get a job. This is not a job. It's a way of not working. Two kids is not a professional day care.

      Comment


      • Oh crap . yea I did the math wrong. Whoopsy

        Rock I like all your ideas, I just have to find out how to word it all. I know it's an improvement but you're right on all your points.

        So I'll scrap the court date I was going to go to and try to get a new one on consent with all this info.

        Comment


        • Why would you scrap the court date. Why not go into court with a settlement that the judge can sign and expediate for you?

          If you scrap the court you settle for her 2 kids and her manipulation of her" daycare business". If you go to court you can insist the daycare is lignite, that she can earn potentially more as she can have 4 children so input that amount on her. You can be reasonable and graduate the income. It by end of 2016 she should be full time daycare business with 4 children.

          Don't be in such a hurry to take the crumbs she throws out for you.

          Comment


          • I sent you a message with my thoughts. I agree with beach. Dont accept crumbs because youre afraid of court. She was told 9 months ago to get a job and suddenly shes babysitting two kids? Nuh-uh. Shes a professional legal assistant. Not sure what the salary is in your town but entry level LA makes about $40,000-45,000 in my town.

            Comment


            • Originally posted by rockscan View Post
              I sent you a message with my thoughts. I agree with beach. Dont accept crumbs because youre afraid of court. She was told 9 months ago to get a job and suddenly shes babysitting two kids? Nuh-uh. Shes a professional legal assistant. Not sure what the salary is in your town but entry level LA makes about $40,000-45,000 in my town.
              Yea she's been babysitting for a good while now. For months she's had 2 car seats in her car and D5 tells me all the time. I don't blame her for not wanting to go to court .. Welfare fraud may have been revealed.

              Always the bare minimum with her. A fully educated, bilingual paralegal babysitting 2 kids (supposedly) making below minimum wage .. so she doesn't have to leave and stay in her PJ's all day still.
              This is obviously being "underemployed" as pr the "Drygala Test" but I won't go there.

              Like Blink said .. it's a shitty start .. but its a start.

              Comment


              • You have to ask yourself why she is so quick to agree when she has fought you tooth and nail for years? Im convinced she hasnt spoken with welfare on this and is just hoping you are so desperate to avoid court and reduce cs that you will take anything. Ok fine, she wants to run a daycare, good for her but its self employed and she needs to prove her business including how she is going to manage her business and work up to full time. Even with an imputed income ordered by the court there is an expectation.

                I think you should still go to the court date and at least have the imputed income and cs change approved but you also need some push. How is it you can find a summer job to pay your support but she can sit at minimum wage? My partner would have been imputed more than min wage due to his degree--not his job prospects where we live. Because shes a woman or a mother she gets away with this?

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                • A bird in the hand is worth two in the bush.

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                  • I ended up sitting with a OW caseworker tonight and she indulged a few questions.

                    IF your ex is going legit, OW will help her set up her business by paying for any licensing, registrations etc. They will also top up her income if she is not earning enough. The big IF though is whether or not she has told them she's going to be doing it. This woman sounded skeptical and said caseworkers don't know or look unless someone reports it or their client tells them.

                    With respect to housing, your ex won't lose her subsidy, she will just have to pay a higher rent. It is also up to her caseworker or not with the housing agency if she can run a business out of the house. It varies by city.

                    Finally, if she does start a business or become self employed as they refer to it, OW will continue to monitor and encourage her to get to a full time living wage.

                    From all of this I gathered that a) your ex could get away with not reporting it and keeping her low rent and full OW benefits, b) keep a top up amount and the support payments and c) continue indefinitely if no one can prove she's doing it.

                    I'm back on the go to court and get an imputed income train. She would have to be fully legit to make this right and there are way too many variables that could go back to her not working or lying and receiving income she isn't reporting.

                    Comment


                    • I think you have to focus on your own situation (your daughter, your current partner and her daughter, your job, etc.) and do what you have to do to get income imputed and move on with your life. I would focus your time crafting a concise order of income imputation with increasing yearly increments. If she makes the imputed amount or not will matter little in the end, particularly if she has not proven an ability to increase her business or employment to properly sustain herself and her child. One would think that she will be accountable someday to someone. It just may take a while.

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                      • As a educator you know the importance of proper licensed daycares. How many times have we seen unlicensed daycares, particularly in PQ provide unsafe and inadequate care.

                        If your ex is intending to provide daycare services then She needs to provide them under licence so parents and children in her care are protected. Is she even trained in that field. Are her premises safe and adequate for children. Does she have safe sleeping arrangements for naps etc.

                        I understand you need to get on with your life and maybe it's just easier to take what you can get from her but honestly it's your moral obligation to ensure she is licensed and qualified to take care of other people's children. If anything goes wrong and you knew about her illegal daycare then you are part of the blame.

                        Of course OW will support her and pay for everything. They do not unlicensed daycares in operation.

                        I still believe you,should insist on everything being above board and registered and you should go to court to have this all set out and established.

                        Of course she is hoping you will again take any crumbs you can get and move on. Grateful that she has given you something.

                        Sorry for the rant. I had a friend who could not afford decent daycare and she and her child fell victim to the unlicenced daycare Underground and the outcome was not good!

                        Comment


                        • Like I said in my message LF32, you have to ask for the list of items from her. I would wager she has not discussed with her worker and has basically gotten info from either FLIC or her scumbag lawyer saying offer him min wage imputation. See what her response is. From there you can move forward. Youve got a week before your court date. Tell her you want the details by Tuesday or Wednesday to make an informed decision. Depending on what she says, you can then move forward with the motion. If anything you can argue that a) you didnt feel the facility was legitimate or safe and b) you werent comfortable endorsing the facility as a safe place for your daughter to be.

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                          • ^^^^^ Rockscan. As always nicely said.

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                            • My advice would be to present her with an amendment to your agreement stating that a) going forward child support will be offset (wording has been suggested in previous posts), b) you will both provide confirmation of income once a year on a specific date for recalculation, c) what the new CS amount would be if she had an income of $21K. You can then move ahead with imputation if you choose (although do the math - how much additional money would you save if she had an imputed income of $40K vs $20K in an offset situation, and is that worth the time and effort?).

                              All the other stuff people are bringing up - whether her home daycare is licensed, is she reporting her income accurately to Ontario Works, etc - is not really your concern as a co-parent. If you have reason to suspect children are at risk of neglect or abuse in her home daycare, then you have to call CAS just like any person would. But beyond that, her financial arrangements aren't relevant to you.

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                              • Hes asking the questions about her business so he knows its a legitimate self employment business. If she ran an office or consulting business he would ask for financial statements. Because she is running a daycare in her home, the likelihood of it failing for lack of license and proper contracts means he goes back to the payments. And if shes making 40 grand then yes it is worth it because it means no child support and shared costs for s7. Added to all that, if she can work at a real job for $40,000 to 50,000 a year and hes agreed to her being at $20,000 to avoid court, hes losing out annually and that means d5 loses costs that she could have for activities they cant afford because mom chooses to be under employed.

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