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  • Child support and divorce forms

    I'm soon to start step 2 of my divorce and I know that in one of the forms I need to specify that I pay child support, the amount and whether this amount is as per guideline tables. That would be fine for sole custody, but I also have shared custody, and the amount I pay is slightly less than offset table amounts, due to the fact that I also pay the majority of special expenses, including all the daycare costs.

    How would I go about stating this on the form? I understand that in sole custody cases table amounts is the law, but in 50% shared custody the amount can differ from the tables. Will the judge refuse my divorce because of that?

    thanks.

  • #2
    Child support issues and the actual granting of the divorce are separate issues which may or may not be handled at the same time in court.
    If there is any issue surrounding the calculations of the child support then simply ask that these be addressed separately. You'll get your divorce granted with clear explanations on the order that CS and any outstanding issues will be addressed in the future or it may simply say that CS remains outstanding, or something like that.

    So no, a judge will not tell you that they will not grant a divorce because you have an unusual situation with respect to the CS.

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    • #3
      So then, what do I write in the affidavit for divorce? They ask how many children, custody arrangement and how much child support is paid compared to what should be paid. Then if the values don't match, you have to explain. What do I write? that this is agreed by both parties?

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      • #4
        Explain it the way it is.
        Explain in brief the custody arrangement, and that there is a mutual agreement for CS, and how much it is and how it is different from the tables.

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