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

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  #1  
Old 02-18-2019, 01:34 PM
dad4life dad4life is offline
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Default Is there a max on CS combined with Sec 7??

I am going through the court process to recalculate my child support payments for 4 children , which include child support and section 7 and post secondary expenses for 2



Question:

Can anybody tell me if there is a guiding principle or case law regarding the maximum amount a judge would expect a parent to pay as a percentage of your gross pay when looking at total child support payments which include basic child support plus section 7 including post secondary.



My salary is approximately 100K year and I am trying to figure my fair contribution as a percentage of my gross pay cheque.
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Old 02-18-2019, 04:18 PM
rockscan rockscan is offline
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You pay proportionate to income by both parents and a reasonable contribution from the child.

Lewi v Lewi is guiding case law on the childs contribution. Legal advice we received was 1/3 to the child. The remaining NET cost is calculated proportionate to your income. Ergo, whatever your s7 amount is, you take the 2/3 net of tax benefits and calculate your %.
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Old 02-18-2019, 07:26 PM
denbigh denbigh is offline
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There must be some type of calculation for child support as that is basically what the tables do, it is already calculated out, but that doesn’t include section 7. I don think section 7 would be included in a maximum because it would be so different for each family. It is my understanding that the typical amount for post secondary would tithe guild pays 1/3 and parents pay 2/3, proportional to income.
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Old 02-18-2019, 07:27 PM
denbigh denbigh is offline
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Are you thinking that because you have 4 kids and 2 in post secondary then you would be required to pay less for section 7 because the child support amount for 4 kids would be high?
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Old 02-18-2019, 07:43 PM
rockscan rockscan is offline
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I should also note that if the kids are attending school away from home, cs is reduced for them during the school months.
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Old 02-19-2019, 12:03 PM
dad4life dad4life is offline
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Quote:
Originally Posted by denbigh View Post
Are you thinking that because you have 4 kids and 2 in post secondary then you would be required to pay less for section 7 because the child support amount for 4 kids would be high?



Yes, currently 2 of the kids not in post secondary are in expensive extra curricular activities. Therefore my initial Section 7 contributions are high

Then when you add the post secondary expenses. Looks like I should be contributing well over 50% of my gross paycheque,



Hence why I am asking has anybody seen case law in such a scenario.
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Old 02-19-2019, 12:22 PM
rockscan rockscan is offline
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You should be looking at what the extra curricular activities are. Theres a difference between EXTRA ordinary and ordinary expenses. Sports costs are expensive and sometimes unnecessary as kids age and other expenses come along.

I haven’t heard of any cases where it was decided along the lines you are saying (hardship) but ai have seen cases where expenses change based on income levels and additional expenses.

Even intact families have to scale back expenses as kids end up in university. Maybe its a case of advising your ex that with the additional costs you both are incurring with school, other expenses need to be reviewed and more affordable options considered.
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