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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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  #1  
Old 10-03-2021, 04:41 PM
pinkHouses pinkHouses is offline
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Default Child support negotiation.

We have 2 children that were 50/50 access but for one of them that has changed to 85/15.

This has been the case for a year now. I paid child support at 50/50 when I should have been paying at 85/15 or better for one of the children.


I just want to avoid negotiation and let a judge decide what is to be paid back and what CS will be going forward.
How do I avoid having to pay court costs for the other lawyer?
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Old 10-03-2021, 04:50 PM
DHTO DHTO is offline
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There is no negotiation. At 85/15 you will need to pay full table amount for that child for as long as it was at 85/15. Multiply the number of months by the difference between offset and full table amount and send your ex the money.

How to avoid court costs? Pay your ex what you owe...
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Old 10-03-2021, 04:58 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by DHTO View Post
There is no negotiation. At 85/15 you will need to pay full table amount for that child for as long as it was at 85/15. Multiply the number of months by the difference between offset and full table amount and send your ex the money.

How to avoid court costs? Pay your ex what you owe...
What is the 60/40 rule and why will it not apply?
Is offset what my ex pays me?
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Old 10-03-2021, 06:39 PM
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Quote:
Originally Posted by pinkHouses View Post
What is the 60/40 rule and why will it not apply?
Is offset what my ex pays me?
It does not matter. You owe table child support. However much you paid less than table is how much you owe. This is a trivial calculation.

You avoid paying legal fees by paying what you owe, or at least agreeing you owe it and then trying to work out some sort of deal with FRO.
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Old 10-03-2021, 08:27 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by Janus View Post
It does not matter. You owe table child support. However much you paid less than table is how much you owe. This is a trivial calculation.

You avoid paying legal fees by paying what you owe, or at least agreeing you owe it and then trying to work out some sort of deal with FRO.
I haven't paid anything less.
I have a court order, I paid child support, I ended up taking almost all the responsibility for the child which is certainly o.k. for me but also took on virtually all the expenses as well. They go over to the other parent for school work for a couple of 8am - 5pm sessions. I even make their lunch for them.

That is it. I am really confused.

Maybe someone can explain to me the 60/40 item?
What about this article?
https://lisagelman.com/childcustody/...stody-40-rule/
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Old 10-03-2021, 09:18 PM
paris paris is offline
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I think pinkHouses is the parent that has one of the children 85% of the time.
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Old 10-03-2021, 09:26 PM
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Quote:
Originally Posted by paris View Post
I think pinkHouses is the parent that has one of the children 85% of the time.
I think that might be the case too...but OP's first post said that they should have been paying 85/15.

Offset means that based on their respective incomes for child support assume the support tables say that Person X should pay Person Y $200 per month, and person Y should pay Person X $100 per month. Therefore Person X pays $100 to Person Y and that's it.

However, recent CRA rulings have made it necessary for X to pay Y $200, and Y to pay X $100 in traceable payments.

So PinkHouse, is what you are asking "How do I get my ex to pay me the extra money now that I am taking care of the second child 85/15?" and "How do I do this without paying legal fees?"

If this is the case, the good news is that your legal fees will be tax deductible. You'll have to decide it it's worth it to bring your ex to court for what may be a small increase in child support. Perhaps asking him, or a demand letter from your lawyer might be enough to get him to up the payment...
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Old 10-04-2021, 08:44 AM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by paris View Post
I think pinkHouses is the parent that has one of the children 85% of the time.
This is correct and it is very likely the child will end up with one parent or another 100% of the time. So my options for both are welcome.


Yes, the CRA requires one parent to pay the other. Offset amounts are something no lawyer or person should agree to. I don't get why judges allow offset payments.

The legal fees should also be tax deductible for child support items only if you receive child support. Another prejudicial CRA tax law.

So year has past with paying 50/50 when it should have been 85/15. Of course child support costs are greater, food, activities, gas, my housing could be better too but can't afford it.

In total we are talking about $8000 every year plus whatever tax benefits so it is a lot of money and I do not understand people that say it is only a few dollars a month.
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Old 10-04-2021, 08:45 AM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by paris View Post
I think pinkHouses is the parent that has one of the children 85% of the time.
This is correct and it is very likely the child will end up with one parent or another 100% of the time. So my options for both are welcome.


Yes, the CRA requires one parent to pay the other. Offset amounts are something no lawyer or person should agree to. I don't get why judges allow offset payments.

The legal fees should also be tax deductible for child support items only if you receive child support. Another prejudicial CRA tax law.

So year has past with paying 50/50 when it should have been 85/15. Of course child support costs are greater, food, activities, gas, my housing could be better too but can't afford it.

In total we are talking about $8000 every year plus whatever tax benefits so it is a lot of money and I do not understand people that say it is only a few dollars a month.


How do I negotiate for back and future child support?
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