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

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Old 12-14-2010, 02:04 PM
Teddie Teddie is offline
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My ex and I finally settled our parenting agreement. We should never have had to go to court but she was denying all access for over two months. We have joint custody of our 2 kids and shared parenting with 50/50 access.

Next step is to finalize the support agreement. She makes roughly 43,000/yr and I make 75,000/yr. Now based on the child support guidelines I would pay somewhere around $500/month in child support plus approximately 65% of daycare and s7 expenses. The last time the issue was addressed my ex was asking for offset amount for CS and $600/mth in spousal. Last I checked she doesn't even qualify for spousal support.

Prior to the child access being settled they were using the children as a way of bribing me to give more money. Now that access and custody have been settled should this just come down to following the guidelines for child and spousal support? The lawyers have mentioned that we will have to go to a mediator if we can't agree on support amounts after a couple of weeks. Should I be worried about getting screwed financially?

The way I work it out on paper, if I pay the offset CS and 65% of daycare etc.....we are essentially very even in terms of what money we actually get to keep at the end of the month.

Anyone with experience on this please chime in.

Thank you.
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Old 12-14-2010, 02:33 PM
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NBDad NBDad is offline
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Usually Spousal is supposed to bring her within 45% of your Net Disposable Income. She's already well over that if you take into consideration the CS payments.

I'd either tell her to blow smoke, or offer some piddling token amount for a preset term. (You can claim it on your taxes and will receive a tax credit for it). Might be worthwhile to simply offer that up to settle things.

Of course, once you have the signed court order showing 50-50 split custody, I'd be filing with CRA post haste for my 6 months of CCTB/UCCB were I you.

Have you discussed who will claim the children as dependents come income tax time?
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Old 12-14-2010, 03:07 PM
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Originally Posted by NBDad View Post
Usually Spousal is supposed to bring her within 45% of your Net Disposable Income. She's already well over that if you take into consideration the CS payments.

I'd either tell her to blow smoke, or offer some piddling token amount for a preset term. (You can claim it on your taxes and will receive a tax credit for it). Might be worthwhile to simply offer that up to settle things.

Of course, once you have the signed court order showing 50-50 split custody, I'd be filing with CRA post haste for my 6 months of CCTB/UCCB were I you.

Have you discussed who will claim the children as dependents come income tax time?
We haven't discussed who will claim the kids but I do remember you mentioning that in another post. I definitely will be making a claim.
So, just to clarify, the CS I pay is counted towards her income and then comes into play when the SS calculation is done? Her last lawyer tried to tell us that CS wasn't factored in...haha.

Thanks NBDad
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Old 12-14-2010, 03:33 PM
Mess Mess is offline
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Quote:
3.3.4 The with child support formula

In cases where there are dependent children, the with child support formula applies. The distinctive treatment of marriages with dependent children and concurrent child support obligations is justified by both theoretical and practical considerations and is reflected in current case law.
On the theoretical front, marriages with dependent children raise strong compensatory claims based on the economic disadvantages flowing from assumption of primary responsibility for child care, not only during the marriage, but also after separation. We have identified this aspect of the compensatory principle as it operates in cases involving dependent children as the parental partnership principle, and have drawn on this concept in structuring the with child support formula. For marriages with dependent children, length of marriage is not the most important determinant of support outcomes as compared to post-separation child-care responsibilities.
On the practical front, child support must be calculated first and given priority over spousal support. As well, the differential tax treatment of child and spousal support must be taken into account, complicating the calculations. The with child support formula thus works with computer software calculations of net disposable incomes
Under the basic with child support formula:
  • Spousal support is an amount that will leave the recipient spouse with between 40 and 46 percent of the spouses’ net incomes after child support has been taken out. (We refer to the spouses’ net income after child support has been taken out as Individual Net Disposable Income or INDI).
  • The approach to duration under this formula is more complex and flexible than under the without child support formula; orders are initially indefinite in form (duration not specified) but the formula also establishes durational ranges which are intended to structure the process of review and variation and which limit the cumulative duration of awards under this formula. These durational limits rely upon both length of marriage and the ages of the children.
The with child support formula is really a cluster of formulas dealing with different custodial arrangements. Shared and split custody situations require slight variations in the computation of individual net disposable income, as the backing out of child support obligations is a bit more complicated. There is also a different, hybrid formula for cases where spousal support is paid by the custodial parent. Under this formula, the spouses’ Guidelines incomes are reduced by the grossed-up amount of child support (actual or notional) and then the without child support formula is applied to determine amount and duration. Finally, there is one more hybrid formula for those spousal support cases where the child support for adult children is determined under section 3(2)(b) of the Child Support Guidelines.
The with child support formula is discussed in detail in Chapter 8.
This is from the Federal Spousal Support Guidelines. They are not law, but they are widely used and are based on case law; that is, they are based on the results of recent court cases so if you went to trial you would cite those cases and get this result anyway.

Spousal support is calculated after child support is paid. Just cut and paste what I quoted and mail it to the lawyer, and say that you understand that he has been out of law school for a long time, but that it is important to stay up to date on matters like this and you hope you won't need to do any further research for him without pay.
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Old 12-14-2010, 03:49 PM
Teddie Teddie is offline
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Quote:
Originally Posted by Mess View Post
This is from the Federal Spousal Support Guidelines. They are not law, but they are widely used and are based on case law; that is, they are based on the results of recent court cases so if you went to trial you would cite those cases and get this result anyway.

Spousal support is calculated after child support is paid. Just cut and paste what I quoted and mail it to the lawyer, and say that you understand that he has been out of law school for a long time, but that it is important to stay up to date on matters like this and you hope you won't need to do any further research for him without pay.
Thanks Mess!
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