Announcement

Collapse
No announcement yet.

CS in 50/50 custody?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • CS in 50/50 custody?

    EDIT: I realize that I may have posted this exact same question in an earlier thread, however, this is under entirely different circumstances. I am asking based on information that the lawyer told us yesterday.

    Hi everyone

    I was just wondering if it is at all possible for one party to recieve CS in a 50/50 custody arrangement?

    Also, in a 50/50 custody arrangement, is there a designated "primary" parent?

    My bf went against the word of his lawyer and submitted an application to court a while back, he ended up with a case conference this Oct -- which I think is great.

    The lawyer however, is unhappy that we went that route. She's been dragging this out for 3 years. In that time, the kids mother has gone from abandoning her children for one full year, to slowly working visitation up to 50% as of the last few months. We've gone through coaches, therapists, to the ministry, all on the advice of this lawyer. Thousands of dollars later, and we haven't gone anywhere. Except we've lost any chance at fighting for 60%.

    From day one, I said it will only end in court, but the lawyer didn't believe that - even though we showed her emails from the ex in which she indicated that she will not sign any agreement or co-operate with the process. (spite much?)

    And guess who still hasn't co-operated to this day.

    Anyways, I'm furious because now the lawyers saying that if the judge rules on 50/50, that there is a wage discrepancy so my bf may have to pay the kids mom child support? But my question is why she dragged this out to begin with. I hate her. And I'm pissed at my bf for thinking that she is the holy mother, the only one capable of giving him advice.

    Ranting aside, is it really possible for one party to pay another CS in a 50/50 custody arrangement?

    Also, is history taken into consideration? Last year we briefly did 50/50 at one point, and almost every week the kids mom would either be not home, or not show up to pick up the kids. She'd only end up seeing them part of the week. Her son would cry to us because on his moms week, he's the last kid picked up from school, and in many cases she didn't even show up. How could they possibly rule for someone like that to recieve child support? Not to mention the thousands she owes us under section 7 expenses.

  • #2
    please delete this post

    Comment


    • #3
      So you haven't pushed forward for a trial WHY exactly? The lawyer works FOR you. They are NOT your friend, they are there to MAKE MONEY.

      Yes, in a 50-50 split custody with a wage disparity there is still CS to be paid....it's called the OFFSET TABLE AMOUNT. Search the forum here and it'll tell you the specifics.

      You should be pushing for sole custody with access for the mother, with a clause for "reasonable and generous access as agreed to by both parties" for her as well. You can easily write off the 50-50 that's occurred now and again as his effort to be reasonable and to help facilitate a relationship between the child(ren) and their mother.

      Obviously not picking the kid up from school on time is not cool, why isn't the school monitoring the situation and initiating the contact process if she isn't there when school ends? How long are we talking here? 5 mins late? 10? 30?

      Did you ask for retro section 7? Have you submitted her the receipts and asked for her proportional share? Have you sent a reasonable offer to settle?

      1. Your BF is an idiot for not pushing forward to trial earlier

      2. He's also an idiot for not having his kids best interests in mind and willfully and continually subjecting them to their mother's instability.

      These things are going to bite him in the ass at trial. However, they ARE recoverable. Personally I'd pitch the retarded lawyer and find a better one.

      Comment


      • #4
        Originally posted by NBDad View Post
        So you haven't pushed forward for a trial WHY exactly? The lawyer works FOR you. They are NOT your friend, they are there to MAKE MONEY.

        Yes, in a 50-50 split custody with a wage disparity there is still CS to be paid....it's called the OFFSET TABLE AMOUNT. Search the forum here and it'll tell you the specifics.

        You should be pushing for sole custody with access for the mother, with a clause for "reasonable and generous access as agreed to by both parties" for her as well. You can easily write off the 50-50 that's occurred now and again as his effort to be reasonable and to help facilitate a relationship between the child(ren) and their mother.

        Obviously not picking the kid up from school on time is not cool, why isn't the school monitoring the situation and initiating the contact process if she isn't there when school ends? How long are we talking here? 5 mins late? 10? 30?

        Did you ask for retro section 7? Have you submitted her the receipts and asked for her proportional share? Have you sent a reasonable offer to settle?

        1. Your BF is an idiot for not pushing forward to trial earlier

        2. He's also an idiot for not having his kids best interests in mind and willfully and continually subjecting them to their mother's instability.

        These things are going to bite him in the ass at trial. However, they ARE recoverable. Personally I'd pitch the retarded lawyer and find a better one.
        Thank you and I agree!!

        The reason for not pushing it to trial, is because the lawyer recommended that we "mediate", and "coaches", and a bunch of other lengthy stuff. I protested from the beginning, but since I'm not the party directly involved, it wasn't my say. I told my bf back when the kids mother had no contact with the kids, to take her to court immediately for child support. He insisted on getting a lawyer first, because he wanted to do things "properly". Big Sigh....

        My stepson told me that his mom is usually anywhere between 15-30 minutes late. Even when she's 15 minutes after the bell, he said all of the other kids have gone home, aside from a few on the playground while their parents chat. He said he can't ever arrange playdates with his friends on his moms week because she's always late. It breaks my heart when he tells me this, as minor of a problem as it may sound to a "grown-up".

        I live just around the corner from the school too, and I've whitnessed his mother more than once ripping down the street towards the school close to 3:30... and school gets out before 3 sometime. It's possible that the school has discussed this with her but it's not like she would ever tell us if that happened.

        I think this year she has her bf picking the kids up from school, but that's only going to last as long as their relationship does. And her track record... well, I won't go there.

        As for my bf being an idiot, I agree! haha, in the nicest way possible. however, He has always had the childrens best interests at heart, even if he didn't always make the right decisions. I respect and admire him for his effort in always doing his best to ensure the children spend adequette time with their mother, however unstable. He removed them from her custody altogether last Fall when her son told us she was drinking excessively in front of them. (she's been to AA, she's an admitted alcoholic). That was the result of our last 50/50 agreement last year. The courts dismissed her case and the custody situation has been uncontrollable since then. The kids haven't told us of any drinking anymore so it isn't a concern at this time. (she goes through phases).

        Comment


        • #5
          I'm sure at the time your bf thought he was doing what was in the kids best interests....however the fact still remains that hindsight tells a different story. He's made a couple of missteps, and while they are correctable, he needs to get a handle on them NOW, not later.

          Starting with either getting your lawyer under control, or finding one willing to work FOR you.

          Comment


          • #6
            If she is always late after school, then maybe you can either work something out with her that the kid goes to your home after school and she picks him up there. Or you can go to court and get that stipulated in an order. This way the safety of the child is put first, and her access is still open to her. It also gives you more control to see what goes on, and you can monitor the times she comes, and if she is regularly late, you can go to court to point this out.

            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