Announcement

Collapse
No announcement yet.

What is 40% custody

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • What is 40% custody

    I have my children 10 days a month. Fri after school and drop them back off at school Monday morning the first 3 weekends each month also 1 Wednesday per month.
    I pay the table child and spousal . Am I paying to much ? .Need to know . Thanks

  • #2
    Nased on a simple calculation it would seem that you have them 33% of the time (10/30 days) so table support would apply

    Comment


    • #3
      if you are counting number of overnights, 3 weekends x 3 nights (Friday, Saturday, Sunday) and 4x 1 Wednesday, that makes it 13 out of 31, that makes it 41%.

      That said, if you take it to the court, the judge might decide based on whatever method he feels like, hours, including school hours, without school hours, overnights, etc.

      Comment


      • #4
        Originally posted by Toutou View Post
        if you are counting number of overnights, 3 weekends x 3 nights (Friday, Saturday, Sunday) and 4x 1 Wednesday, that makes it 13 out of 31, that makes it 41%.

        That said, if you take it to the court, the judge might decide based on whatever method he feels like, hours, including school hours, without school hours, overnights, etc.
        He says he has them 3 weekends a month (so 3 x 3) plus 1 Wednesday per month ... 10 days per month

        Comment


        • #5
          Originally posted by Toutou View Post
          if you are counting number of overnights, 3 weekends x 3 nights (Friday, Saturday, Sunday) and 4x 1 Wednesday, that makes it 13 out of 31, that makes it 41%.

          That said, if you take it to the court, the judge might decide based on whatever method he feels like, hours, including school hours, without school hours, overnights, etc.
          I would have to agree with DunnMom it is only 33%. The OP said 1 Wed per month, you calculated 4 Wed per month.

          So, full table CS would apply. The other parent is the primary residence of the child. If the OP wants to pay less CS they would have to become an equal parent. This involves living in the same school district as the child and working with the other parent for more access time.

          Comment


          • #6
            For some reason ithought it is one Wednesday per week, and not per month.

            Comment


            • #7
              Originally posted by Franklin View Post
              I have my children 10 days a month. Fri after school and drop them back off at school Monday morning the first 3 weekends each month also 1 Wednesday per month.
              I pay the table child and spousal . Am I paying to much ? .Need to know . Thanks
              It is not clear, but it sounds like you are close to 40%. Do you split holidays equally? Do you get your kids for four weeks during summer holidays?If yes, it would help. Most judges count overnights, not hours, but there is some case law in rare cases where hours are counted as well. More importantly than overnights or hours, if your intent is to reduce child support, you need to show you are an equally involved parent. Do you take your kids to doctor's and dentist's appointments? Extracurriculars? Do you have evidence of this (i.e. time off requested from work for medical appt's.). Do you stay home to take care of your kids if they are sick? You have to show that you are not a non-custodial parent, and that she is not the primary parent; you care for them equally.
              Would you be able to show how much you spend on your children (groceries, clothing, etc.) daily or monthly? Would you then be able to compare your costs to her's, or compare the difference in your discretionary incomes, if your's is lower?
              Do you have a bedroom in your house for each of your children? These things will help to show you are equally involved and that this is in the best interest's of your children.

              Comment


              • #8
                You are in Ontario?
                In Quebec it is more clear.... it is by the hour the "access" parent has access.

                Comment


                • #9
                  I'd be interested if anyone has experience with the hour thing in Ontario.

                  I.e. if they are with the one parent every day after school for a few hours does this have any bearing.

                  I am in the school district, spouse lives about a 15 min drive away and the kids are divided 50/50 aside from the after school time.

                  I didn't bother fighting about it as I am tired of the court system / sick of lawyers but I'd be curious if this important or not.

                  Thanks,

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X