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Shared Parenting and Full CS?

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  • Shared Parenting and Full CS?

    My ex and I have been fighting things out through lawyers for a few months now and have finally agreed on 50/50 access with joint custody. Originally she was keeping the kids from me altogether for about 2 months and then her lawyer offered 50/50 if I payed her full child support. I declined and threatened her with a court motion for access...a week before the motion date her lawyer offers to settle the issues of parenting.

    Now that a parenting agreement is in place; does she have any way to get full child support for 2 kids? I know they are going to ask but I don't see why she would ever be entitled to full CS when I have the kids half the time.

    Any chance she can get full CS?

    Thanks

  • #2
    Do you have any agreement on CS already? Either prior to, or as part of, the parenting agreement?

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    • #3
      Are you currently paying her anything? If not, you need to start ASAP. Pay OFFSET table as per the existing parenting arrangements. It'll screw her for going to court and allow you to ask for costs if she pushes it.

      Also, file for CCTB/UCCB. She'd have very little chance of getting full table if she pushes. If you take appropriate steps, you can reduce that even further.

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      • #4
        There is a different calculation for joint custody arrangements with 50/50 shared access.

        Family Law Act - O. Reg. 391/97

        See section 9

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        • #5
          The current agreement states that my pay goes into the joint account and is used to pay bills related to the matrimonial home in lieu of child support. Once the home is sold then I get to keep my money and only pay the monthly CS. Under the current agreement I essentially have no money so I want to get a regular support agreement in place.

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          • #6
            ouch - your WHOLE paycheck into a joint account that she can draw on? And when do you think she will be selling the house?

            At the minimum, I'd start just putting an 'estimated expenses' amount into that account, not your whole paycheck. Surely you must know the regular expenses - property tax, utilities, insurance, basic maintenance, mortgage. It there are any extraordinary expenses, then she can come to you for it. Damage control!!

            Can't see her ever selling the house, especially when she learns that the "CS" payable will be the offset amount, not the whole table amount. Your current agreement didn't say which it would be?
            Last edited by dinkyface; 01-06-2011, 06:59 PM.

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