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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 07-13-2010, 12:34 PM
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Quote:
Originally Posted by Underdog View Post
Access: ex will leave our child with me during her work hours (3days a week) + visitation on alternate weekends. (Saving her having to pay daycare expenses)

Child Support: 1 year moratorium on Child Support until my retraining is over, and I'm able to get a decent job. (or $195/mo based on EI benefits)
That parenting schedule sounds like it's closing in on the 60/40 rule and you s/b doing an offset on CS.

Your NDI calculation is flawed as it doesn't take into a/c taxes, CS and other stuff.
  #12  
Old 07-13-2010, 12:35 PM
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hmmm.... I read about this a bit...

ONdad - So you're saying that because I don't have primary residence that the proper calculation will be as follows:

$75,000 - withheld income tax, CPP EI and other (estimated around 30% of gross = $52,500 - CS (Lets say $195 per month) or $2340 = $50160

$50160 x 45% = $22,572 ... That's the target my income should equal to ?

If that is true, then at $18,960 in after tax EI... I will get $3,700 0r $300/mo.

$50,160 - 18960 = $31200 x 45% = $14040 or $1170/mo makes more sense from an equalization point of you...
  #13  
Old 07-13-2010, 12:40 PM
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You are correct dadtotheend... It stands at 36/64. (60 hours a week)

and yes my NDI was off...

Should I go for Shared parenting then ? (Is there a primary residence in shared parenting) ?
  #14  
Old 07-13-2010, 01:30 PM
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Don't go for shared parenting for financial reasons, you will get your ass kicked. Shared parenting should be based soley on providing stable, positive parenting for the child. If there are reasons why you should be shared parenting, make a list of them, but leave the dollar signs out of it.

Your situation IMHO is too complicated for a simple do-it-yourself solution. Your ex is absolutely underemployed, but what income should be imputed is up in the air, it is not up to you, it will be up to the courts.

You can make a offer but if you ask for the moon and stars she's going to give you the finger instead. Don't just send her a shopping list of what works for you, what you should do is offer to collaborate on a plan that works for you, her and the children. Don't even mention numbers, but try to get her to open up to possibilities and you should too.

The idea of you providing child care is fine while retraining, but it is not a long term solution, you will be working eventually. Why did she quit her job? She has to open up about that and be open about what her plans are so that the two of you can make plans for the future. It is in everyone's best interest if both of you can work in stable jobs with decent incomes and benefits. That's a no brainer. Neither of you are there at this point. How do you both get there?

I'm not saying to drop the idea of spousal support entirely, but don't build your case around it. She is no longer working for $75k. Here it the thing, if you are going to court, then calculate according to the guidelines and the letter of the law. If you are staying out of court, then you have to losen up.

Keep in mind your possible negotiation paths. You can collaborate which means working together to make plans and execute them to build a better situation for everyone. That can mean investing money in education and retraining. What money is there?

You can compromise, and while you don't agree with each other or work together, you can not fight about it and split the difference.

Or you can be competitive about it and go for the best deal you possibly can, and to hell with her. The first two require her co-operation. The last one doesn't. You might be forced there, but I don't suggest it as a starting point.

And in all of that you have to keep in mind what is best for your child. Pushing her into bankruptcy isn't helping your child, but neither is you giving up everything.
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Old 07-13-2010, 01:50 PM
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Thank you Mess,

So you are saying that I should leave my requests for orders in section A of the application on a higher level... More general in nature.

Child Support - Order to offset Child support payment based on both Applicant and Respondent's court decided incomes - due to 40/60 access.

Support Payments - Order to equalize income based on court decided Applicant and Respondent incomes.

....etc. And hash out the details in Case Conferences....

unfortunately, the out of court option is moot due to ex rejections of all my settlement offers or requests for dialogue.
  #16  
Old 07-13-2010, 02:19 PM
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He's saying that you should make your arguments based on what's best for the children, which is what has to guide the court, not financial matters.

If you bring $$ signs into your argument you present yourself as money motivated as opposed to child centred.

That can backfire on you, bigtime.
  #17  
Old 07-13-2010, 02:57 PM
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Yes I understand that very well.

I have a whole argument prepared based on child development experts opinions, new trends quoted from case law and both parties history as parents.

However, in the application / motions, it is required to put something regarding support. Hence my questions.

Financials will never be part of my main argument, but a by product of it.

I delayed court action many times in the past, and tried continiuously to settle out of court, moving closer to where my daughter is living... All to minimize the damage this process can have on her, and provide her with a better environment where both parents are available and ready to care for her.

She will always be my main focus.
  #18  
Old 07-13-2010, 06:06 PM
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Ballpark numbers you are within 39% of her NDI just between a 75000 income and your EI benefits. @ 75K she's going to be paying out 22% in income taxes...leaving her with 58500 net....before things like child support/CCTB/tax breaks/etc are calculated into the mix.

You are currently getting EI benefits, but if you look at your last 3 years income taxes...what's the average? She can argue that YOU be inputted that income just as easily as YOU can get her inputted @ 75K. (She's going to argue if YOU can use your EI, then SHE can use HER Mat leave income)

Last edited by NBDad; 07-13-2010 at 06:09 PM.
  #19  
Old 07-13-2010, 06:17 PM
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I'm sure she will NBDad...

The only difference is that I lost my job before separation, sent out 100+ resumes without success and now having to retrain to get a job.

And she quit hers.
  #20  
Old 07-13-2010, 07:44 PM
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Quote:
Originally Posted by Underdog View Post

I do believe, however, that she didn't compeltely quit her job. According to empoyment laws, your employer is required to hold on the new mother's position a year after mat leave, in case she decided to take an unpaid year off after mat leave.
I don't know about any of the rest of it but I did want to comment on one point. Your ex was off work for maternity leave and chose not to go back but took a differrent job instead that pays less.

Have you considered that it may have been a choice she made to allow her more flexibility and time with the young child/children rather than a full time position? Would a judge seriously consider her 'under-employed' if she chose to change careers in the best interests of her family?

Very curious, indeed.
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