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  • Proportionate Share or 50/50?

    We are in the midst of an argument with my stepson's mother. (When are we not?)

    Recently, she sent an email saying she wants to split daycare costs proportionately to income.

    We agreed, and provided her with a statement of what the proportionate shares will be based on the total income depicted on their respective 2008 Notices of Assessment.

    She wrote back that she isn't in agreement, and wants to split the cost 50-50 until an agreement of proportionate share is reached.

    Based on 2008 total income, she is obligated to pay 51%.

    We know this wouldn't be an issue if it were my husband who were obligated to pay more than 50%. She would agree in a heartbeat!

    She is requesting 50/50.

    My husband is reluctant, because he ALWAYS has to pay at least 50%.

    She feels that she can calculate shares of expenses using whichever method yields the lowest amount of expense for her. For example, when calculations show that her proportionate share is above 50%, she wants to split costs 50/50. Yet when calculations show that her proportionate share is less than 50%, she wants to split costs proportionately.

    Any thoughts on how we should address this?

  • #2
    Section 7 expenses are shared proportionate to income. The law is clear.
    Last edited by billiechic; 01-25-2010, 04:31 PM.

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    • #3
      I would love to hear people's advice on this topic. My husband is taking me to court because I currently pay 100% of our sons school tuition, the others daycare, all 3 kids RESP, and all 3 kids medical and dental benefits and expenses. He originally agreed to pay for half of all the extra expenses as we agreed that these were all things the children needed to have (additionally these were all expenses prior to our separation). Now he wants to pay his proportionate share (but not until he has my income grossed up because I have a foster child in my care and he wants that to be considered income). Since our separation 18 months ago, he has contributed half of our sons school tuition for 6 months and that is it. Meanwhile, he has claimed the full tax benefit for these expenses and got back about $1000 in income taxes even though he only paid about $700 in tuition.

      My partner has an agreement with his ex that they will share in "mutually agreed upon" special and extraordinary expenses and have had the proportion laid out in the agreement based on their income tax statements at the time. In terms of time, and costs in court, I have found their agreement to be the least stressful and easiest to manage. Perhaps suggesting that the proportion be laid out before you can agree to any future costs is the best method. As realistically, it is pretty difficult to agree to pay a cost when your not sure what the total will be.

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      • #4
        How are you calculating the proportionate to income?

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        • #5
          Am I understanding this incorrectly? You say she is obligated to pay 51% of the expenses based on the tax assessments and she is offering 50%?

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          • #6
            Originally posted by enoughalready View Post
            How are you calculating the proportionate to income?
            We're calculating it the way we were told by lawyers to calculate it...

            Parent A's income from line 150 on Notice of Assessment + Parent B's income from line 150 on Notice of Assessment = Total Income

            Parent's income from line 150 on Notice of Assessment divided by Total Income = Proportionate Share.

            Please tell me this is correct!

            Originally posted by dadtotheend
            Am I understanding this incorrectly? You say she is obligated to pay 51% of the expenses based on the tax assessments and she is offering 50%?
            You are right! Based on the above calculations... her proportionate share is 51%... but she wants it to be 50/50.

            I think I already explain it earlier... she feels that she can calculate shares of expenses using whichever method yields the lowest amount of expense for her. For example, when calculations show that her proportionate share is above 50%, she wants to split costs 50/50. Yet when calculations show that her proportionate share is less than 50%, she wants to split costs proportionately to income.

            Either way, we're not agreeing to anything other than "proportionate to income" as that is what it states in the guidelines and in our court order.

            Plus, it's already been taken care of. I mailed the daycare cheques today... in 49% of the payments. There's no point arguing with her. My husband paid according to his proportionate share... it's done! ;-)

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