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Paytable2 · #1 08-06-2010, 02:27 PM

I have joint custody and have had just under 40% access which is about to change to 50%.
Our S/A states that I pay table amount only and no section 7 exp. due to my percentage of time with the kids.

So as it stands now my X pays all the expenses plus, books, sports fees etc etc and I pay table with near 38% access.

Background:
I live alone and my X is remarried.
My income is approx 90k
Her income was approx 45k but she quit her job last year to a babysitter for I assume about 30k-35k.
One child in Jr. HS. other in gr. 4 so daycare isn't an issue.
Her spouse est. income 60k.

I would like to consider seeking a change in our S/A support provisions to the offset method where based on incomes I would likely pay her about $500/mo less but of course have to pay my share of clothes, section 7 etc etc, still likely the $6000 less I pay her would be more than enough to cover that.

From the info on the federal family law sites it seems like the set-off method is somewhat of a standard, like the tables are for calculating support, is that true?. From what I read the guidelines refer to the set-off method as one acceptable way of calculating support obligation for 50/50 situations with differing incomes.

Given that my access has changed to 50% is it likely that a judge would accept my application and order the set-off method for calculating support?

I did the rough calculations for standard of living and with my x's family income including my projected support contribution using the set-off method and my household has the lower standard of living.
I don't want to ask for a change because she remarried, I simply state this because it should IMO prevent her from claiming undue hardship because my income is 3x hers.

I believe the 50% access change constitutes a material change and should merit amendment of our S/A support provisions.

epinecone · #2 08-06-2010, 03:10 PM

High Paytable2,

I will be interested to see the answers to this one as well. It feels like I have received a different answer every time I have asked this question.

The offset method is the answer I got here on Otawa divorce, browsing the web has shown a couple experiences at agreeing on a lower rate, My lawyer says that a judge may decide full table amount, more, less, or offset method.

I have posted another thread that noone has responded too asking how to get a self created motion to vary CS..

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