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  • CS and Mat leave

    I currently have shared custody of my two daughters and pay CS to my ex. If I go on mat leave, does my CS get adjusted?

  • #2
    If you were together, would you be buying less clothes, offering less activities, delay buying that next bike, etc. to your 2 kids while you were on mat leave for your 3rd kid?

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    • #3
      Originally posted by dinkyface View Post
      If you were together, would you be buying less clothes, offering less activities, delay buying that next bike, etc. to your 2 kids while you were on mat leave for your 3rd kid?
      Good possiblility, yes.

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      • #4
        Originally posted by CSAngel View Post
        I currently have shared custody of my two daughters and pay CS to my ex. If I go on mat leave, does my CS get adjusted?
        That question has been asked when dad is starting new family, and has a new baby on the way with new wife and wants his cs reduced, the answer if I'm not mistaken has been NO. Children from first relationship comes first. I believe the rational has been, that you knew that prior to having a new child. I am sure there are more technical terms for it...but the short answer is no.

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        • #5
          Originally posted by CSAngel View Post
          I currently have shared custody of my two daughters and pay CS to my ex. If I go on mat leave, does my CS get adjusted?
          I interpreted the question as ' based on the lower income that she will have due to her maternity leave, will her cs be reduced?'

          I would think that when cs is adjusted annually, she would report her income for the year based on her ei benefits. Therefore the outcome would probably be that she would be paying less child support for one year. Then when she went back to work, cs would be increased based on her full time wage.

          no?

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          • #6
            Originally posted by 06nomad View Post
            That question has been asked when dad is starting new family, and has a new baby on the way with new wife and wants his cs reduced, the answer if I'm not mistaken has been NO. Children from first relationship comes first. I believe the rational has been, that you knew that prior to having a new child. I am sure there are more technical terms for it...but the short answer is no.

            In this case, her income will be reduced due to the MAT leave, it would be the same for the father whose income is reduced due to a job change or even paternity leave.
            I would assume the same rules will apply though, you will likely need to file a motion to change due to the reduction in income.

            I'm sure there will be those having a cow and 7 elephants that I've even suggested the motion because her income will be reduced due to a decision she made (to have another child), but I would suggest the same to any male whose income is lower due to circumstances; there are two sides to every street...

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            • #7
              While I appreciate this may be a sensitive topic, I was asking from a legal standpoint - not from one's personal opinion. I want to know the facts before I go ahead and decide to conceive again.

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              • #8
                You should ask a lawyer then that is well versed on the subject.

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                • #9
                  EI/maternity leave affects line 150 of your tax return and as such would affect your CS and Special expenses component.

                  So yes, your CS obligation would drop when you go on maternity. IF your agreement is poorly worded, then you would need to return to court to have it decreased.

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                  • #10
                    There is no strictly legal stand on this, that's the problem. It comes down to who can put forth the more convincing, reasonable argument.

                    If your SA describes automatic yearly adjustment of CS based on line 150, then I'd think you have a better chance to just go ahead and do it, and wait for your ex to take you to court if they disagree. On the other hand, if you are going thru court each year to adjust CS (maybe you are using FRO?), then the argument will come up in court right away.
                    Last edited by dinkyface; 04-11-2011, 11:12 AM.

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                    • #11
                      Originally posted by NBDad View Post
                      EI/maternity leave affects line 150 of your tax return and as such would affect your CS and Special expenses component.

                      So yes, your CS obligation would drop when you go on maternity. IF your agreement is poorly worded, then you would need to return to court to have it decreased.
                      Thanks, NBDad. This is what I would think is logical. My ex's income is highly variable so we intend to adjust the CS amounts yearly. I found a case on CANLII that DID allow the woman to adjust her CS while on Mat leave. She was not, however, allowed to adjust it to stay home AFTER Mat leave (she wanted to take 15 months unpaid leave as well but had to continue paying during those 15 months since they were considered 'intentional unemployment').

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                      • #12
                        Originally posted by CSAngel View Post
                        While I appreciate this may be a sensitive topic, I was asking from a legal standpoint - not from one's personal opinion. I want to know the facts before I go ahead and decide to conceive again.
                        Lol that's all we have in here is our opinions. Not too many lawyers in here. If you want legal advice you should seek a lawyers opinion. I am assuming that once you tell the person you're paying (if you haven't already) cs will seek advice. I am sure there would be case law on the matter. Try looking for it. I think its called Can law or something like that. It is a site where you can enter your search fields on a particular matter. What a lot of people have found out and most likely the hard way. What should happen and what is thought to be reasonable. Is not.

                        Good luck.

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                        • #13
                          Originally posted by CSAngel View Post
                          Thanks, NBDad. This is what I would think is logical. My ex's income is highly variable so we intend to adjust the CS amounts yearly. I found a case on CANLII that DID allow the woman to adjust her CS while on Mat leave. She was not, however, allowed to adjust it to stay home AFTER Mat leave (she wanted to take 15 months unpaid leave as well but had to continue paying during those 15 months since they were considered 'intentional unemployment').
                          Did you find more than one? Even not in favor. If you're going to argue based on that case you'll need to check those that didn't favor your position and explain why they do not apply to your case.

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                          • #14
                            Originally posted by CSAngel View Post
                            Thanks, NBDad. This is what I would think is logical. My ex's income is highly variable so we intend to adjust the CS amounts yearly. I found a case on CANLII that DID allow the woman to adjust her CS while on Mat leave. She was not, however, allowed to adjust it to stay home AFTER Mat leave (she wanted to take 15 months unpaid leave as well but had to continue paying during those 15 months since they were considered 'intentional unemployment').
                            Sorry not sure if i am reading right. The amount of the cs you pay is adjusted according to your ex's income? Is your access shared equally or close to?

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                            • #15
                              Originally posted by 06nomad View Post
                              Sorry not sure if i am reading right. The amount of the cs you pay is adjusted according to your ex's income? Is your access shared equally or close to?
                              I could only find one case on CANLII. And yes, we share custody.

                              Comment

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