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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 05-14-2010, 09:14 AM
baileybug baileybug is offline
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Ok, so i realize I'm beginning to sound a bit like a jerk. The ex has just put me through so much, that I tend to react badly sometimes.... I want to do what I am supposed to do.

So here are some more points/questions:

1)CS: Every June we exchange T4's and do the offset calculation and I cut her a years worth of post dated cheques. I believe that is technically for "last year's support". Since for the whole of last year we were on a 50/50 schedule, and didn't start the new schedule till Jan this year, would it be correct to say that starting NEXT June, I should pay her the full CS amount?

2)childcare: I'm still wondering where it says I need to pay for a portion of her childcare fees, when the children are with her on her days? Is this that section 7 stuff or what?

I really do want to do the right thing, I just don't want to be taken advantage of by my ex. My new wife is livid about how much money we spend on the kids already and I kind of need to prove to her I am oblidged to pay these amounts to the ex.

Thanks
  #12  
Old 05-14-2010, 09:59 AM
Mess Mess is offline
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Family Law Act ONTARIO REGULATION 391/97 CHILD SUPPORT GUIDELINES

When you keep hearing about "section 7" it is the section 7 of this act.

Read it.

The expense is the child's expense. The chld needs care. It doesn't matter if the expense is incurred when the child is with you, the other parent, with the grandparent or with me here on our special days together. If the child has an expense, and it is covered under the section 7, then both parents should share the expense proportionate to income.

As far as your question about updating the amount according to T4 and the date, etc. You are looking for a loophole. You may have a loophole depending on how your agreement is specificly worded. If your agreement has standard wording then you probably don't have a loophole.

The whole business with the T4's is a convenience. You update once a year based on the T4 (or the Assessment you get in May) because that is the most convenient way to show an independant confirmation of what you earned. In practice you could change the CS payments every month based on what you earned that month. That would be a ridiculous amount of work. So it is done this way for convenience, OK?

If the children's residency has changed, on a more or less permanent basis (not just for summer for example) then the support should change at the same time the schedule changes. If it stopped being 50/50 last January, then you should have changed the support payments last January. You would be within your rights to ask to do it properly by court order, but you would still have to pay retroactive to January.

Your argument about changing the amounts each year because of the way you recalculate your income doesn't work, because your ex could get a court order to change the amount retroactively to January '09 when she gets a copy of your Notice of Assessment which is mailed out this month (probably, if you filed late April). She doesn't do that because you have simplified your process to avoid going back to court every year. That is the only reason why you pay last year's amount this year.
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Old 05-14-2010, 02:54 PM
baileybug baileybug is offline
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I think you may have misunderstood, wasn't until this year (Jan 10) that we started on the new schedule, hence my thinking not to up the payments this June, but wait until next June after we've done a full year on the new schedule. Does that make sense?

For childcare then, If i get my own provider, for my days - would she have to pay a portion of what I pay? If so, then would we just add up what both hers and mine cost and then pay proportionally?
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Old 05-14-2010, 06:41 PM
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I didn't misunderstand. Child support should have been adjusted as soon as you changed to the new schedule.
  #15  
Old 05-14-2010, 09:08 PM
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Quote:
Originally Posted by baileybug View Post
I really do want to do the right thing, I just don't want to be taken advantage of by my ex. My new wife is livid about how much money we spend on the kids already and I kind of need to prove to her I am oblidged to pay these amounts to the ex.

Thanks
You're kidding, right? You're jumping through hoops to find ways to pay less for your kids that you have with your first wife because your second wife doesn't like how much you pay for your kids? I assume she knew you had kids when you married and that having kids isn't cheap. The kids needs should come first. Sheesh.
  #16  
Old 05-17-2010, 09:36 AM
baileybug baileybug is offline
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Is it a lot of work for her to go and get a court order for child support? Will she have to get a lawyer?

A friend of mine told me that once you get a court order, the amounts don't get changed every year, only when you petition the court, so basically isn't she just better off taking what I decide to give her every year, as I do raise it based on our yearly T4's?
  #17  
Old 05-17-2010, 09:54 AM
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Your court order can state that CS will be adjusted yearly based on the previous years Line 150. This is the most common method now and will hopefully prevent you from going back to court over and over.
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Old 05-17-2010, 10:06 AM
piggybanktoex piggybanktoex is offline
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And you got re-married?

If I learned anything, I learned not to tied myself financially to another person ever again.

A girlfriend fine, but with separate residences, separate money, no more kids, and a incredible legal document if I ever do move in with someone.

But married, again, with the law of this country, no way!
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Old 05-17-2010, 10:10 AM
billiechic billiechic is offline
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Some people can learn from their mistakes and try again. I'm sure there are many happily-married-again people on here. Bitterness and distrust does not have to be a way of life, it's a choice.
  #20  
Old 05-17-2010, 10:49 AM
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Quote:
Is it a lot of work for her to go and get a court order for child support? Will she have to get a lawyer?

A friend of mine told me that once you get a court order, the amounts don't get changed every year, only when you petition the court, so basically isn't she just better off taking what I decide to give her every year, as I do raise it based on our yearly T4's?
It's hardly any effort at all. If you haven't been automatically adjusting the support every year, she CAN go after you for retroactive child support and will most likely win.

She doesn't need a lawyer, it's a fairly straightforward request.

IF the schedule change to the point where it affected CS drastically (and going from 50-50 to under 28% certainly qualifies, since instead of offset table, you now should be paying FULL table)...

If she is amicable to allowing it to wait until the next time you cut the cheques, then just go with that. If things are tense, then it's probably best to be proactive and give her new ones. (Get the old ones back first for the love of God though)
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