Child support

[Where is the Light]

Hi there,

I have heard it said if ex and I are each raising one child, ex who makes double plus what I do, will not have to pay any child support to me. Is this true?

Thanks!

[Gilligan]

I have 50/50 access and make more than my ex. As a general rule, you pay "offset" guideline child support. So, you both calculate what you would pay in child-support and the difference is paid to the lower income earner.

A Website called "My support Calculator" is a good start. Otherwise, consult the Child Support Tables on Justice Website.

Cheers,

[Where is the Light]

Thank you very much for your reply. Not sure if I explained my children situation accurately. I am raising one child all the time with me. Hex is raising the other child. This being said, does x still owe me child support for the child I am now raising? Some have said no as we are each raising a child. We are not having the two children stay with me for two weeks and then having the two kids go to him for two weeks.

Thoughts?

[OrleansLawyer]

I am raising one child all the time with me. Hex is raising the other child. This being said, does x still owe me child support for the child I am now raising?

This is a split custody situation, which falls under s.8 of the Guidelines:
Split custody
8. Where each parent or spouse has custody of one or more children, the amount of an order for the support of a child is the difference between the amount that each parent or spouse would otherwise pay if such an order were sought against each of the parents or spouses.

citation: https://www.canlii.org/en/on/laws/re...1-97.html#sec8

Unlike shared custody, where offset child support is the starting point of an analysis, split custody is a simple calculation based on each parent's income and the Guideline amount for the children living with the other parent.

[Where is the Light]

Child support: Thank you Orleans Lawyer. I hate legal jargon, I am still not getting this. Our situation is confusing. First I raised the kids and he paid me. Then the kids went to live with him as they did not like my home rules. On ex time, both got in to drugs and HE returned them to live with me. On paper it say we have joint custody. I had one child go off to rehab and asked ex that he let me return the other as he was still using drugs and I was trying to keep the two apart for when the other returned home. The one sent away was using scary scary drugs; the older lighter drugs, but just the same I did not want the younger one tempted with his sibling here. So, now I will file for sole custody of the younger and pray to dear GOD he stays on track. Too much freedom and lack of structure at daddies place.

Now, with more information, with ex making over 100K and myself making 41K, will he have to pay me child support? I am sorry if I am confused. I am under ALOT of stress!

Thank you in advance for your response.

[blinkandimgone]

You can input the numbers here to get an idea of what to expect:

https://mysupportcalculator.ca/calculate

[Berner_Faith]

It doesn’t matter why it came to be this way, it’s easy enough to figure out.

If one kid lives with you and visits dad, dad owes CS to you

If one kids lives with dad and visits you, you owe dad Cs

Let’s just make up numbers,

Day Dad would owe you $1000 a month for the child that lives with you and you would owe dad $300 a month for child that lives with him... Dad would pay YOU $700

But you said one child was sent away so if that’s the case dad wouldn’t owe CS to you until child is residing back in your house, but you would still owe dad so you would have to pay dad $300


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