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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-12-2010, 01:39 PM
luv2luv luv2luv is offline
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Default Shared Custody

Quick question.

Right now there is no final paperwork but how we have our son is on a shared 50/50 joint custody arrangement. Ex signed paperwork (we did up our own draft and were working on a final agreement) this paperwork had said that we were to have shared (50/50) joint custody. Also it mentioned that neither parent were to move 30 km away from either parent.
I recently just bought a house with my gf and her kids and my kids in city just outside of the city my ex lives in (it was cheaper and convenient for both my gf and I and the child arrangements we have). The distance equals to 15km away from her house. I do all the driving as it is now. So the two days out of a week plus every other weekend i would have to drive him to his moms house.
Now that i finally bought this house and i am ready to move in she says she is seeing a lawyer now and her lawyer said that now that i moved to a different city i am not entitled to my 50/50 shared access anymore cause i am not in the same city as her. She is trying to say now that i cannot have my son the two overnight visits during the week anymore because i live in a different city and she is goign for full custody.
We have had this arrangement for 1 1/2 years now where i have had my son 1/2 the time. Is it possible to lose my rights to have shared custody since i moved 15 km to another city----plus she doesn't have to do any of the driving?\
I'm afraid she might be doing this because of the new CRA thing where each parent can claim 6 months each when you are in a shared parenting....and i really hope that this is not the case cause i could not imagine not having my child 1/2 the time jsut so she can claim a full year. In the past she has mentioned many times that she cannot live without the benefits from the govt and on top of it i already give her $950 a month for one child.
Can someone please help me out?
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Old 10-12-2010, 01:52 PM
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NBDad NBDad is offline
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That CRA thing has been around for a while now. It's NOT new. Sounds like your ex is just blowing smoke. 15km difference AND you do all the driving? Pretty sure she's blowing smoke out her rear.

6 days out of 14 puts you at 42%...file for the CCTB/UCCB YESTERDAY. You DO NOT need her signature to to it.

Also, with that amount of time you should be paying OFFSET table amounts of support, NOT full table.
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Old 10-12-2010, 01:52 PM
ConcernenedStepMom78 ConcernenedStepMom78 is offline
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15km and another city? Please.....SOme people live in areas they could walk a block and be in another city. Suggest a week about every other weekend shared holidays and you will drive the kid to school during your time. Child Support is an offset of incomes if you have 50/50 shared care meaning you take your income and table amount, as well as her income and table amount, the one with the higher income pays the difference.
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Old 10-12-2010, 02:02 PM
luv2luv luv2luv is offline
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Also, with that amount of time you should be paying OFFSET table amounts of support, NOT full table.[/quote]


Problem with this is is last year she claimed no income even though she babysat all year and this year she is taking care of kids and just recently started a job but she says that her lawyer said you can't offset amounts till next claim year when we exchange T4's. ANother issue i will have with all this is her tips she makes i know she won't claim all. SO right now i pay full support. Pretty much she wants it all. THis is another reason I think she may want to try for full custody.

Also i have my son Every Tuesday overnight and every Thursday overnight and every Friday till Monday....Pretty much comes to half time when you work out him going to school through the days.
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Old 10-12-2010, 02:04 PM
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She's lame. Trying to hang her hat on "another city" when the distance is only 15km is NOT child centred.

I agree with the other posters. Pay offset CS and file the CCTB/UCCB yesterday.
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Old 10-12-2010, 02:04 PM
ConcernenedStepMom78 ConcernenedStepMom78 is offline
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Then she is imputing her income, and you can request full disclosure of her earnings.
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Old 10-12-2010, 02:16 PM
luv2luv luv2luv is offline
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So her saying this thing about moving to another city is going to affect me having my child half the time is pretty much bull?
I don't care if she gets the benefits (it sucks that she is money hungry) i just want my child the days i have always had him and now her saying that she has a lawyer now and she says that me moving away to a different city has made me lose my weeknight overnight visits with my son tears me to pieces.
I just want to see what my rights are and if this is something that could end up in court; her fighting for full custody because i made a decision thinking was a good one for everyone and then in the end she uses it against me.
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Old 10-12-2010, 02:18 PM
luv2luv luv2luv is offline
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and as for offset child support how do i work that out if she is doing everything pretty much under the table and i have no proof of her working. Just makes me sick seeing her get full support, get govt benefits work 2 jobs and i have my child the exact amount of time as she does.
In the past i tried to offset the amount and she wrote in the paperwork not till next income tax claim.
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Old 10-12-2010, 02:20 PM
ConcernenedStepMom78 ConcernenedStepMom78 is offline
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luv dont fret it, youll be fine, and if youre concerned about law...find out if you qualify for kegal aid, or even call upper law society see if you can hire a paralegal, they are cheaper. Above all hang in there and love your kid o matter what.
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Old 10-12-2010, 02:22 PM
ConcernenedStepMom78 ConcernenedStepMom78 is offline
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well if she is working under the table you can request a full finacial disclusur its called a fiancial statement 13 and 13A you can set out that she also has to disclose all her bank statements for set amount of time as well as do your homework find out who she is babysitting for and what she makes. Do you ever notice how divorce makes us into detectives, about stuff we really wouldnt even ordinarily care abotu except when fighting for our kids, its so creppy what we have to do to prove this or that.
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