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

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  #21  
Old 05-30-2006, 08:49 AM
Saint2255 Saint2255 is offline
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Well...I have been away for awhile and lots has happened. I have hired a Lawyer to have the support payments ceased. I read all the fantastic information everyone sent me, and came to the conclusion I could not do this on my own. Thanks to everyone who participated in this discussion.

I have continued paying my ex-wife, the monthly support payments, despite the fact my son is now living with me fulltime. My payments are sent to the Government of Ontario, and I dare not miss a payment. So in actual fact, my ex-wife is fraudulently receiving support payments from the Government of Ontario. She has not advised the Gov't of the change in my son's residence. I do not care about having my payments returned from her....I simply want to cut as many ties with her as I can.

My son wishes to return to school in September. I have been advised by my Lawyer, that ex-wife will have to pay me support payments if he does this. To add another wrench into it, my ex-wife has advised my son he can return to her residence in September. If he decides he wants to do this (I don't know why he would), then this puts me back into a position of paying support back to her again after having it ceased.

I have told my Lawyer I would rather have my son for 2 straight weeks each month and take care of him when he is with me and not pay support to my ex-wife.

My question is this....if I am willing and able to provide for my son for 2 straights weeks out of each month, does my ex-wife have any right to stop this or demand support payments still be paid to her from me ? I would think because I am offering a 50/50 solution, the courts would not require me to pay her anything or receive anything from her....am I correct ?
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Old 05-30-2006, 10:11 AM
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Lindsay Lindsay is offline
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Hi Saint,

I'm glad to hear that things are coming along.

Parties have shared custody of a child when each parent has custody of the child not less than 40% of the time. So, having your son for two weeks out of the month gives you 50%. That doesn't mean, however, that child support will not be payable. In this kind of situation, the incomes of the parties are usually set off against each other.

Say you make $100,000.00 per year. For one child, your CS obligation is $877.00 per month. Say your ex makes $80,000.00 per year. For one child, her CS obligation is $719.00 per month. So, despite the 50/50 custody, you would still have a support obligation in the amount of $158.00 per month.

This rule isn't set in stone though. So long as your son is being properly cared for financially, that is all that matters. That being said, if you and your ex can arrive at some other kind of agreement, great. I don't know if that's feasible, however, considering what you have told us so far. Also, if your and your ex's incomes are very close, that would likely cancel out any support payments.

In regards to your wife receiving support from the government (I believe you are referring to the FRO), it is not her duty to stop child support payments if the child is no longer living with her. It is the duty of the party who wants to make a change in the support payments or custody situation to make the first move. Also, as discussed previously, you may always ask the court for reimbursement of support paid to your ex while your son was living with you.

The same goes for your ex changing the court order. Suppose you have the order and enforcement changed, and your ex is required to pay support to you. If your son moves back in with her, it will be her responsibility to change the order back, not yours.

Lindsay

Last edited by Lindsay; 05-30-2006 at 10:14 AM.
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