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50/50 Case Law

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  • 50/50 Case Law

    Hi there,

    I'm looking for case law for 50/50 that talks to the sharing of expenses, CS, and how section 7 is calculated.

    Specifically I'm looking for case law that confirms that the paying parent is the one who is put in a position of having less money available to support the kids in their home due to the transfer of funds thru CS and section 7. And for case law that supports a straight offset amount of CS.

    50/50 has been since the date of separation - not at a later time if that helps.

    Thanks!!

  • #2
    Are you paying full table CS or what?

    Comment


    • #3
      Originally posted by billm View Post
      Are you paying full table CS or what?
      not for me - but currently offset - one party is looking for more then offset...

      Comment


      • #4
        Contino v. Leonelli-Contino

        This case is cited all over the place.

        CanLII - 2002 CanLII 2774 (ON SCDC)

        CanLII - 2005 SCC 63 (CanLII)

        http://www.canlii.org/eliisa/highlig...aW5vAAAAAAAAAQ

        Comment


        • #5
          Originally posted by FB_ View Post
          Contino v. Leonelli-Contino

          This case is cited all over the place.

          CanLII - 2002 CanLII 2774 (ON SCDC)

          CanLII - 2005 SCC 63 (CanLII)

          CanLII - 2003 CanLII 30327 (ON CA)
          Thanks FB - my issue with Contino is that the mother was successful in getting the father to pay more then the standard offset... which goes against what I'm looking for... Unless I've read it wrong - its a looooong read.....

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          • #6
            reading thru the whole thing again... obviously i missed something on the first read - would appreciate some insight from those clearly smarter then me...

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            • #7
              U sound to be complicating things... I pay offset. And 60/40 for section 7 expenses based on the difference in our incomess... It's that easy

              Paying parent??? Like if.my ex pays $100 for a coat and I give 60... She's not worse off?? Unless I'm not following. Or the other person isn't paying on time

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              • #8
                Originally posted by phatkid77 View Post
                U sound to be complicating things... I pay offset. And 60/40 for section 7 expenses based on the difference in our incomess... It's that easy

                Paying parent??? Like if.my ex pays $100 for a coat and I give 60... She's not worse off?? Unless I'm not following. Or the other person isn't paying on time
                that is what we'd like. However the other side (the payee) is looking for more then offset.

                Comment


                • #9
                  Payee.... Receiver?? Ya my ex lawyer said she will get more than offset. Even if 50/50. Judge saw custody was around 50/50. Bang. Offset. And the lawyer that has promised for 3.5 yr to get her more... Didn't argue or plead for more. Because he KNEW all along the outcome

                  Comment

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