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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 04-26-2011, 07:44 PM
Pinto Pinto is offline
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Question how much access is this?

Hello, this is just a logical/math question, to which I don't have the formula to calculate myself:

Could anyone tell me if Parent 1 falls over or under the 40% for child support? (and what the percentages are

Parent 1, Week 1:
Monday 3-7 PM
Thursday 3 PM to next week Monday 8 AM

Parent 1, Week 2:
Tuesday 3-7 PM
Thursday 3 PM to Friday 8 AM

Parent 2, Week 1:
Monday 7 PM to Thursday 8 AM

Parent 2, Week 2:
Monday 3 PM to Tuesday 8AM
Tuesday 7 PM to Thursday 8 AM
Friday 3 PM to next Monday 8 AM

From 8 AM to 3 PM the child is at school. The way I look at it, Parent 1 has plenty of access to the child during their awake hours, an opportunity to perform all morning/lunch/end of day duties as a parent and meaningfully positively influence their upbringing.

Now, here is a twist: if the Week 1 Thursday overnight (7PM to 8AM) would go to Parent 2, would it make a difference in CS?

Sorry if I confuse, I tend to do that sometimes. I will gladly give more details if needed.

Thank you,
pinto
  #2  
Old 04-26-2011, 11:34 PM
dinkyface dinkyface is offline
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Ah, the money question. Just a bit of math...

Parent 1, Week 1:
0.5d or 0.25d Mon 3-7 PM
4d Thurs 3 PM - Mon 8 AM

Parent 1, Week 2:
0.5d or 0.25d Tues 3-7 PM
1d Thurs 3 PM - Fri 8 AM

That's either 3d (42.9%) or 2.75d (39.28%).

But if you also consider long weekends, xmas, march break, summer vacation time for parent 1, it is very likely over 40%. I've seen a few canlii cases where the judge agrees to calculating the number of days over the year, including these holidays, and using overnights as the main indicator of '1d'. But I haven't seen cases indicating how those 4h midweek evenings would be counted. THAT is something to look into further.

Parent 1, Week 1:
0.5d or 0.25d Mon 3-7 PM
0.5d or 0.25d Thurs 3-7pm
3d Fri 3pm - Mon 8 AM

Parent 1, Week 2:
0.5d or 0.25d Tues 3-7 PM
1d Thurs 3 PM - Fri 8 AM

That's either 2.75 (39.3%) or 2.375 (33.9%)

This could go still over 40% after counting xmas, march break, summer vacations, long weekends.

Last edited by dinkyface; 04-26-2011 at 11:37 PM.
  #3  
Old 04-27-2011, 02:04 AM
lilspinx lilspinx is offline
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Common sense. Discuss the logic with the other parent to determine what is best for the children or take it to court.
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Old 04-27-2011, 03:10 PM
dinkyface dinkyface is offline
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A little naive, although I agree that the first step (after determining your correct legal position) must be to raise the issue with the other parent. Then they refuse, and you go to court.

Basically you are asking the other parent to agee to either
1) accept less CS from you
2) pay more CS to you
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Old 04-28-2011, 10:36 AM
Pinto Pinto is offline
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Thank you all for the replies.

dinkyface, that's how I calculated it too. However, some well-intended lawyer (very different from the first one she spent a few $$$$ on) on the other side advised my STBX, Party 2, that the access is under 40% anyway, probably like iceberg said. Iceberg, how did you get to that number? Did you not consider those few afternoon hours at all?
If I were to accept the schedule as presented, is there a way to change it in a year or two before a judge without some extraordinary circumstances, or am I stuck to it until the child is able to express their interest in spending more time with me (around 12-14 years old)? Lilspinx, I am thinking judge because common sense is out the window since we are talking over $1,000 per month in CS.
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Old 04-28-2011, 10:47 AM
dinkyface dinkyface is offline
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I'd push for the time NOW - it will be very difficult to change it later.

Has the $ issue been broached at all ... or is it just that big white elephant in the room that no one acknowledges?

Oh, and 7pm handovers suck - especially on a weeknight. Dinner becomes so rushed, and the time available for homework gets reduced by the unnecessary handover.
  #7  
Old 04-28-2011, 11:21 AM
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Everything was discussed. I prepared a SA, parenting plan, parenting schedule, the works. We went back and forth for 3 months on the details. We were supposed to arrange for her to buy me out of the home next week but she finally went to see a lawyer who told her the documents are good but don't advantage either one of us so he proposed to rewrite the whole thing. Of course, she agreed. The house deal fell through, so did the access schedule and everything else. Now she is offering yet less money, supposedly only half of equity in the home, that is what we paid and what is left to pay on the mortgage as opposed to less than half of value on market that I had agreed to accept. Price drop: ~40,000. And I would still agree should she not try to change the access schedule. It's a neverending story, and I am afraid the only way out is to take it to court. We've been separated but still living together for over a year now.
CS started as "I don't need any of your money". Then I insisted I pay for the 2nd child (almost 2yo) who will be living mostly with her because of the tender years bull. No way to talk her out of that one. Now the lawyer told her that that the way the schedule is written, as posted originally, is under 40% anyway so she wants another overnight every 2 weeks with her, probably to make sure CS applies. I suggested we write it down the way I want it and gradually get into it as the child gets used to my new place (I still live in and share the expenses on the home although I rented a new place too). She doesn't agree and wants to revisit the agreement in 6 months. But that will never happen.

So, court looks like a good shot. I would ask for 50-50 on both children, proper equalization of goods and sell the home for a lot more money. I don't think I can get any less than what is for me on the table now in terms of access and money. It will be nerve-wrecking and time consuming but I will self represent and see what happens.

Thanks,
pinto
  #8  
Old 04-28-2011, 11:29 AM
Pinto Pinto is offline
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The 7PM handover would not be that bad since homework, dinner and bath would have been taken care of by me. Actually, this is a way for me to make sure they get done. My stbx never bothered with any anyway.
  #9  
Old 04-28-2011, 01:21 PM
dinkyface dinkyface is offline
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Quote:
Originally Posted by Pinto View Post
The 7PM handover would not be that bad since homework, dinner and bath would have been taken care of by me. Actually, this is a way for me to make sure they get done. My stbx never bothered with any anyway.
Sidetrack: YOU are the one that would have 3p-7p, and are hoping for the whole overnight instead (i.e. 3p to next morning)? Wouldn't the overnight make it easier to fit this all in?
  #10  
Old 04-28-2011, 01:23 PM
Pinto Pinto is offline
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I am Party 1. The one that has the least amount of overnights.
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