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CS Guidelines - PLEASE!!

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  • CS Guidelines - PLEASE!!

    If brought in front of a judge, is CS dictated by the guidelines?
    Personal history...
    Separated for over 4 yrs, Relocated & currently happily married for 2. My income has dropped drastically since my separation ~20K & my ex wants me to pay CS from my previous income, ~$70/month above chart & an additional contribution to half of all sports. If goes to trial, will she have a leg to stand on? Does she know something I don't?
    She has submitted an offer to settle with the above requirements. Please does anyone have any input?
    (no CS order has ever been established, just been paying {& going further in debt} the CS we came up with 4yrs ago)
    Additionally, I must pay ~$1000/yr to fly my son to visit me (yes, I was the 1 that moved away, the EX reminds me constantly...ugh) Entire bill to be paid by me.

  • #2
    I am thinking that if it does go to court you are responsible for the table amount based of last years income. Also you will have to pay some of the special expenses like the sports and other things. As for the flights to see your son that was your choice to move so why should that factor in at all. That is your responsibility alone. If she would have moved taking the child with her then I would say that she should help with the tickets somehow.

    I think she is bluffing and thinks that you will cave and sign the paper in order to avoid court.

    Comment


    • #3
      Thank you very much for your response! I made my statement incorrectly..."Additionally, I must pay ~$1000/yr to fly my son to visit me...", just should say "Additionally, I pay" I'm fully prepared to do so. My point was this should be taken into consideration, when the ex is asking for $ above & beyond the guidelines.
      I concur, about your final statement about the bluffing. I have over $10k into this now, no sense on backing down. Just extremely frustrating as these funds could have gone to our son's education instead of attorneys pockets...
      THX again

      Comment


      • #4
        reduced CS

        I agree that the child support would be based on your newer income level.

        I will give you a bit of what happened with me.
        -separated 5 yrs ago
        -got interm based on that yrs income 3 yrs ago
        -final order adjusted up, Ex income increased and mine decreased
        But based on current (1 yr ago)

        I moved, child's residence with me. The Judge gave alternate wekends to Ex with clause that one I take child to him and the other weekend ex comes to get child. 50/50 split of it. seems fair and is working. We are 2.5 hrs apart. Not alot the Judge had to consider too I guess.

        If you present a good arguement, if you wish to seek some help with that expense it might get considered. I dont know off hand any law /reg that would say it has to be split but if you get some consideration by the Judge it could change.

        Comment


        • #5
          Thank you, thank you!! .

          Comment


          • #6
            i am interested to find out if a spouse can claim any part of my cpp either during or after divorce. she is threatening to do that.. can she

            Comment


            • #7
              What is normal is that you tell the government that you are divorced and the dates of start/end and each SIN and they will distribute the cpp to each of you evenly during your period of marriage.

              This can only be done with your concent or a court order I suppose.

              CPP (yours and hers) is part of the marital assests and should be distributed as part of the asset equalization.

              Comment


              • #8
                Further to my comments earlier the guidelines are truely fair (I know I will get some opinions but, here is my reasoning) In a nut shell the lower income is subtracted off the higher income. What you are left dealing with is the difference. On that difference the tables realize amounts of what it takes to raise a child at a certain income level and that is basically how those numbers are set forth. It does not consider how long you were married or what happened. Just what the child needs. In those needs that amount is split 50/50 and each parent is allocated an amount % based on there income. They person with the lower income is then paid an amount to equalized to 50/50 cost in raising that child. The amounts should never be confused by the emotional side of the divorce. I have heard from many that they pay too much or get to little. It is just determined by the incomes reported and is in reality a basic and clear cut calculation.

                Spousal on the other hand is a whole other can of worms. Not even going to go there but I can assure many that alot IS being done to make that a fairer system. the base for it is there and can work if all the emotion is cut out of it.

                Hope that all makes sense for everyone.

                Comment


                • #9
                  Originally posted by standing on the sidelines View Post
                  I am thinking that if it does go to court you are responsible for the table amount based of last years income. Also you will have to pay some of the special expenses like the sports and other things. As for the flights to see your son that was your choice to move so why should that factor in at all. That is your responsibility alone. If she would have moved taking the child with her then I would say that she should help with the tickets somehow.

                  I think she is bluffing and thinks that you will cave and sign the paper in order to avoid court.
                  Agreed. This is the usual method.

                  Comment

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