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  • Child support & shared custody

    I am remarried with 2 stepchildren and the custody arrangements are being altered which is causing financial issues. For the past 3 years both children resided with the mom and stayed with their father every other weekend. As of this past October the kids agreed to reside 50/50 with each parent. The support calculations used were based on the Federal Guidelines and T4s would be exchanged and adjustments made each March.

    As of this past June my wife's employer has reduced her work week to 4 days and has enrolled the company into a work-share program. EI is paying her 45% of the one day lost.

    The husband claims that he has received legal advice from a number of lawyers stating that the calculations should be equalized based on the number of hours worked by each of the parents, which of course would reduce his payments.

    I have tried to find out as much information as possible about child support calculations and have not seen anywhere about equalization of hours worked. My wife and I are of the mindset that the Federal Guidelines and the actual earnings including bonuses and e.i. be used as the basis for calculations.

    Has anyone encountered this differing format and if so what had occurred?

    Thanks
    Last edited by stepdad; 01-04-2010, 12:21 PM. Reason: additional info

  • #2
    it is standard to use line 150 off of your income tax return. Anything else is negotiable, but may not be "fair".
    If your wife is unable to work a full 40 hour week because her employer has cut hours, and she is not able to find a job to fill the 5th day then it should have nothing to do with calculations. If EI is paying her for that day, then she is earning an income and is technically "working" that day. Should she find work on the 5th day she would probably lose the EI.

    Asking for calculations based on hours worked is grasping at straws. Don't let them calculate this way, it is just complicated. Line 150 is the standard. Stick with it. His lawyers are looking to make money from him, they will tell him anything to get him into court.

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