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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-31-2021, 01:46 PM
Brampton33 Brampton33 is offline
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Default Review of Offset Child Support

I fully understand and agree that child support is for the children and belongs to the children. I now have equal parenting time and have transitioned to offset child support. During the preparation of our agreement, my lawyer said it was hands-down offset when its equal parenting, with the higher earner paying the difference to the lower earner.

Lately, I have started to ponder the reality of my situation. My ex has moved on and has a new partner, and lives in a nice house which they own. I remain in a small apartment as I am still licking my financial wounds from the costs associated with the court proceedings. She has dual income and is not hurting for money whatsoever. I am barely scraping by as I rebuild.

We have equal parenting time of our 2 kids. Yet due to our own personal salaries, it is me paying her monthly offset support. How exactly does it benefit the kids to give my already rich ex even more money, and thereby have even less money for our own household (when kids are equally here too)? The money I kick over that way is just gravy whereas it would go a much longer way over here. Is there a way to just call it even?
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Old 08-31-2021, 02:39 PM
StillPaying StillPaying is offline
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There are some long ago posts on how it should really be "half-offset" I believe to make it fair, but offset is still a nice discount. The tool we have is to impute a reasonable income to make sure it's right. And maybe work with a lawyer to fix proper offset.
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  #3  
Old 08-31-2021, 03:03 PM
rockscan rockscan is offline
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SP is right. You would need to get an income imputed to your ex. Especially if she is underemployed because of her new spouse.

I will say though, as the spouse of someone who pays cs, it isnt fair for the new partner to have to pay a cost even if they arent specifically paying. My husbands ex tried to argue she was entitled to more support as we had such a great lifestyle and travelled so much. That was all my money. I pay more around the house because my income is higher and I want us to have a nice lifestyle. I should not have to cover all the expenses so my husbands kids get more than they are entitled to.

It is a shitty situation for sure but one that you cant change unless she is purposely underemployed and you argue it successfully. You too could find a new partner who helps with your living expenses.
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Old 08-31-2021, 08:51 PM
Brampton33 Brampton33 is offline
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Thanks for the feedback. I don't think its an issue of inputing her income. She has much less need for the offset support than I do. I recognize we both have the same expenditures. We both have to put roofs over our heads and food on the table for kids. We both need clothes and entertainment for them, etc. However, it seems unfair that we have "equal parenting" yet I am paying her offset when the reality is that I am the one who actually could benefit from it more when considering her household income and situation compared to mine.
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Old 08-31-2021, 09:27 PM
StillPaying StillPaying is offline
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Lost it with your reasoning, but what if you imputed your ex with a similar income as yours. Problem solved.
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Old 09-01-2021, 08:37 AM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by StillPaying View Post
Lost it with your reasoning, but what if you imputed your ex with a similar income as yours. Problem solved.
What I am trying to say is that we have equal parenting and the offset child support I pay to her is just gravy as she is well off, whereas, despite me earning more, I am not well off and could really use the money. Isn't child support to benefit the children? Well in that case, it is certainly more needed in my household (which the kids live 50% in)
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Old 09-01-2021, 08:59 AM
rockscan rockscan is offline
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Technically she is not well off, her new partner is. He could leave her and she would be back to being not well off.
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Old 09-01-2021, 09:28 AM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by Brampton33 View Post
What I am trying to say is that we have equal parenting and the offset child support I pay to her is just gravy as she is well off, whereas, despite me earning more, I am not well off and could really use the money. Isn't child support to benefit the children? Well in that case, it is certainly more needed in my household (which the kids live 50% in)

And in the future if you found a new partner that made a great income youd then be okay paying her more support? It goes both ways. What is fair is that parents support their children. Its not a household thing. If your ex is working like she always has, you have no argument. Because she landed a wealthy man doesnt change anything


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Old 09-01-2021, 09:52 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by Berner_Faith View Post
And in the future if you found a new partner that made a great income you�d then be okay paying her more support? It goes both ways. What is fair is that parents support their children. It�s not a household thing. If your ex is working like she always has, you have no argument. Because she landed a wealthy man doesn�t change anything.
Bingo.

The sauce that is good for the goose is good for the gander. You can't blow hot and cold. Etc...

Child support shouldn't bankrupt someone. Usually it is other financial decisions that impact a payors ability to pay and not child support.
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Old 09-01-2021, 12:54 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by Brampton33 View Post
What I am trying to say is that we have equal parenting and the offset child support I pay to her is just gravy as she is well off, whereas, despite me earning more, I am not well off and could really use the money. Isn't child support to benefit the children? Well in that case, it is certainly more needed in my household (which the kids live 50% in)
You went from only paying full table support, to now receiving full table support as well as half CRA benefits. You saved lots while ex lost huge. Imputation could do even more.
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