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  • Re-Calculating CS

    Asking for my neighbour...

    Divorced three years, separated five.

    Mom has had majorly custody
    Dad EOW
    They only live 15 minutes apart, but separate towns

    Before Covid Dad paid full CS, when covid hit, it was agreed he would pay offset amount as he was off work and started taking the kids every other week.

    Mom was still full employed.

    Every other week has been going on since March break and will continue until September when school starts

    Dad is set to go back to work next week. Mom is requesting full Cs again even with kids continuing every other week.

    With this schedule of 50-50 for six months is mom right in asking for full Cs or should she wait until September and if kids go back, then dad will pay full support?

    I guess the offset amount dad is currently paying is based on his updated tax info from 2019, which he technically didn’t have to update until July 1... he’s paying around $250 offset, compared to $90 had he used his income from 2018 (since he didn’t actually have to update until July)

    I see both view points but don’t know which one is correct


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  • #2
    Are you asking for a legal or ethical view?

    Legal: Dad has EOW. He is nobody. He may temporarily have more than EOW but that is only so long as the mother allows it. He should pay CS, be quiet, and thank his lucky stars that mom is giving the extra time. Assuming 50% lasts long enough, go to court and get the agreement modified to reflect reality.


    Ethical: Kids are shared, of course it should be offset. Why would it not be?

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    • #3
      Originally posted by Janus View Post
      Are you asking for a legal or ethical view?

      Legal: Dad has EOW. He is nobody. He may temporarily have more than EOW but that is only so long as the mother allows it. He should pay CS, be quiet, and thank his lucky stars that mom is giving the extra time. Assuming 50% lasts long enough, go to court and get the agreement modified to reflect reality.


      Ethical: Kids are shared, of course it should be offset. Why would it not be?

      What is “lasts long enough”... I doubt she wants to take this to court as they’ve never been but at what point does a change in CS happen? I hear all the time the CS should follow the children. By September it will be six months of 50-50 so she’s worried that would constitute a permanent change. I’d think not, as if the children go back to school dad would have to update Cs again


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      Comment

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