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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 07-10-2013, 09:12 PM
JSR40 JSR40 is offline
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Default CS formula when one child is full time and there other is shared

Hi,

I am looking for some information on formulas to identify child support amounts in a particular situation that I can't find any info on the Web about.

Currently I have a Court Order in place indicating shared access and the child support amount is based on both parents income. I make a lot more than the kids mother, so the amounts is offset based on her imputed 25k per year. I have 2 children.

The access is changing where my 14y/old is now residing full time with her mother and the other daughter is remaining in shared custody.

I am looking for a formula to define the CS amount based on one kid living full time with her mother and the other one living in a shared access situation. I make 95k per year and she makes 25k.

I have found a support calculator online (mysupportcalculator) and it seems to provide a reasonable amount in between the CS amount offset for shared access (980) and the full table amounts (1353). the amount suggested is 1154.

It seems that the kids mother has another formula that she says is coming from the Duty Counsel, her amount suggested is 1400+. They came up with that amount by taking the full table amount for 1 child (839) to represent the kid on full access and added that to the amount for 1 child that is offset based on the 2 incomes (839 - 200=639). This calculation came up to an amount of 1478 per month.

Does that make any sense? It sure doesn't to me. How can having one child full time and the other half the time result in more child support than the full table amounts for 2 kids?

Anybody experienced that situation before? What was the formula used?

Any advice and information provided would be greatly appreciated. Thanks in advance!
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Old 07-10-2013, 09:40 PM
OntarioMomma OntarioMomma is offline
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Well, I don't know the answer.

But her calculation is definitely not right.

My thought is that your estimate is a whole lot closer, it should be somewhere in between the amounts for 2 children full time with one parent and 2 children shared between both parents.
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Old 07-10-2013, 10:08 PM
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wretchedotis wretchedotis is offline
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Quote:
Originally Posted by JSR40 View Post
How can having one child full time and the other half the time result in more child support than the full table amounts for 2 kids?
Bwa-ha-ha!

Lawyers, eh?
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Old 07-10-2013, 10:43 PM
HappyDays HappyDays is offline
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Your calculation is correct.

The guideline formulas are different depending on the number of children.
Doing two separate calculations with 1 child each, will incorrectly give a higher amount. If you say you only have 1 child, the guidelines believe you have more money available.

1 child = $640
2 children (twins) = $982... not $1280.
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Old 07-10-2013, 11:00 PM
stripes stripes is offline
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How about this:

Take the amount that would be payable under the tables at your income for two kids living full-time with the other parent (full table). Take the amount that would be payable at your income and your ex's income for two kids in a shared custody situation (table offset - both parents "pay each other" the applicable amount of child support). Add the two amounts together. Divide the total by two to get the average of the two amounts. Send this amount to your ex, along with the calculations, as a suggestion.
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Old 07-11-2013, 12:03 AM
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Quote:
Originally Posted by JSR40 View Post
I have found a support calculator online (mysupportcalculator) and it seems to provide a reasonable amount in between the CS amount offset for shared access (980) and the full table amounts (1353). the amount suggested is 1154.

It seems that the kids mother has another formula that she says is coming from the Duty Counsel, her amount suggested is 1400+. They came up with that amount by taking the full table amount for 1 child (839) to represent the kid on full access and added that to the amount for 1 child that is offset based on the 2 incomes (839 - 200=639). This calculation came up to an amount of 1478 per month.

Does that make any sense? It sure doesn't to me. How can having one child full time and the other half the time result in more child support than the full table amounts for 2 kids?
It only makes sense to greedy exes who hope you will just pay it instead of doing math.
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Old 07-11-2013, 07:53 AM
JSR40 JSR40 is offline
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Thanks for the replies. I feel that the amount I am presenting is fair, but unless I have a definite formula that has been used in Court before, the kids mother will want to have the most amount of money possible, after all, it is pretty much her source of income along with UCC. I may have to go to Court as there will not be a consent on the 1154 on her part.
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Old 07-11-2013, 10:19 AM
FightingForFamily FightingForFamily is offline
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Buy 1 hour of a lawyer's time and ask them to do a Divorcemate calculation for your situation. That software is relied upon by the courts. Just make sure the proper inputs are used.

The "mysupportcalculator" generally gives the same numbers, but saying that you had a lawyer run Divorcemate has a bit more credibility.
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Old 07-11-2013, 11:02 AM
Mess Mess is offline
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The formula is the one you have been given. The setoff is to take the amount for two children under one parent's income, and subtract the amount for one child with the other parent's income.

If you want an example of a court order, all that anyone can do here is to search Canlii. You are capable of doing that yourself. If you need help with search terms, yes we can help, but you should be prepared to make the attempt.

Further, please understand that Divorcemate is NOT a magic wand. It is a spreadsheet. It cannot do the shared custody calculations according to the appeal court decision of Contino vs. Contino, which is the precedent setting ruling. This is because Contino specifically rejects that there can be a formula for this calculation. So you won't get a final, carved in stone formula for calculating support for shared custody.

You read on this forum and elsewhere "setoff" all the time. This is a quick compromise solution that does not go into a fraction of the detail of the requirements of Contino. If both parties are willing to agree on setoff, then that works. If they aren't willing to agree, then it won't work, and it will have to go to court, and the judge is required to follow Contino.

Contino means that the calculation has to follow the Guidelines section 9 a), b), and c). Section a) is the setoff. Sections b) and c) look at each households' expenses, and each households' income. It means a line by line comparison of your budget and NDI. This is what the courts are required to do if there is a dispute and the parents are arguing every which way.

Judge's do have the discretion to rely on Divorcemate, and many do. But Contino requires that all other factors must be considered too. This may also depend on what evidence and arguments the parties are bringing forward. If no complete financial disclosure is made by either side - and this happens - then all a judge may have as evidence is the line 150.

The point is, there is no "formula" that is absolute and fully supported by case law. Basically the whole reason for the Contino appeal is that judges were using a variety of formulas for years, and there was no clear precedent.
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Old 07-11-2013, 11:08 AM
OrleansLawyer OrleansLawyer is offline
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Hybrid situations are not specifically envisioned in the Guidelines.

However, I submit to you that the leading decision is:
CanLII - 2008 ONCJ 115 (CanLII)

And child support should be calculated offset, with Parent A paying Guideline for X number of children >40% in other home and parent B paying Guideline for Y number of children >40% in other home.
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