Announcement

Collapse
No announcement yet.

Stumped w/ brothers lawyer

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Stumped w/ brothers lawyer

    My brother is "new" to all this separation/divorce and has retained a lawyer. I'm trying to figure out how this lawyer is coming up with a CS amount.

    My brother makes $80,000/yr & his ex makes $40,000/yr

    2 children of the marriage (teens)

    The boy is going to reside with my brother & the mom have access (no more than 40% of the time)

    The girl is going to do a 50/50 split and alternate weeks.

    Going by the above scenario, the way "I" calculated it was that his ex would actually owe him $15/mo in CS. However his lawyer is saying that he's going to owe her $118/mo. My brother asked him how he was coming up with that figure & lawyer replied it's a program they use at the office?

    Here's how I calculated it:

    For boy ... ex would owe my brother $367.00/mo (based on her $40,000/yr income)

    For the girl it would be an "offset" method. My brother's share would be $719.00/mo & ex's share $367.00/mo ... so $719-$367 = $352.00/mo that my brother would owe his ex

    So she would owe him $367 and he would owe her $352 therefore technically his ex would owe HIM $15.00/mo in CS


    Am I off base here or is his lawyer?

  • #2
    I did a calculation based on them being in Ontario. Don't know how accurate this is but here it is

    So Dad makes $80000 a year. So for 2 children his support would be $1159 a month.

    Mom makes $40000 a year. So for 2 kids her support would be $601 a month.

    So we split both amounts in half as with 2 kids you can do that.
    So Dads is $579.50 per child. Mom would pay $300.50 per child

    Now for the son, since he is living with Dad the amount mom would pay is $300.50 a month.
    For the daughter with equalization ($579.50 - $300.50) would mean that Dad pays $279 a month to mom for daughter.

    So amounts are Mom pays dad $300.50 a month, and dad pays mom $279 per month. This would mean that the difference in numbers would be Mom paying dad $21.50 a month.

    Could be very wrong in this math but that is how I would figure it would work out.

    Comment


    • #3
      Thanks fireweb13 ... your calculations work out better then mine for my brother.

      I'm told that his lawyer is getting the figure from "Divorcemate" but it's not making sense to me.

      PS - they are in ON

      Comment


      • #4
        No problem, again this was going by the fact that the kids are put together for the purposes of child support calculations.

        Comment


        • #5
          DivorceMate is typically used to calculate SPOUSAL support. I have no personal experience with it, so I have no clue whether it can do CS as well.

          The table guidelines used are online. Federal Child Support Amounts: Simplified Tables

          IF the boy is with Dad more than 61% of the time, Mom pays Dad full CS based on her income.

          If it's 60 or less...offset gets used.

          The girl is offset.

          Not hard to figure out.

          Comment


          • #6
            Garbage in, garbage out, Divorcemate only works if you put the correct numbers into the correct fields. The lawyer could easily be screwing up.

            However you are using pretty round numbers. While CS is not after tax, it is after certain deductions like CPP and any payments toward health plans. This might be part of the discrepancy.

            Comment


            • #7
              Originally posted by Mess View Post
              Garbage in, garbage out, Divorcemate only works if you put the correct numbers into the correct fields. The lawyer could easily be screwing up.

              However you are using pretty round numbers. While CS is not after tax, it is after certain deductions like CPP and any payments toward health plans. This might be part of the discrepancy.
              Agree Mess (about Divorcemate) ... in any case, ex-wife has NO benefits so strictly payroll deductions ... brother has payroll deductions plus approx. $60/per pay (bi-weekly) for family benefits (medical/dental) which he of course will keep as the kids' need benefits, as does he.

              I too think that it's "skewed" somehow but after speaking with brother tonight, he seems to be ok w/ $120/mo.

              Comment


              • #8
                This is what I use as a reference: http://www.mysupportcalculator.ca/

                I quickly entered data based on your provided info:
                Party A: $80,000/yr
                Party B: $40,000/yr
                2 children of the marriage (teens)

                Child Support Calculation
                IMPORTANT: This calculator performs very simple and basic child and spousal support calculations under Canadian federal law based on limited information provided by the user. This calculator is intended to provide a starting point or “ballpark” figure, to be adjusted in accordance with the many other factors not considered by this calculator that could dramatically affect these results. This is not legal advice; parties are strongly advised to seek the advice of a family lawyer.

                Parties: Party A Party B
                Annual Gross Employment Income: $80,000 $40,000
                Province: ON ON
                Children Current Age Lives With
                Child 1 16 years Shared (the exact age of child unknown - teen)
                Child 2 15 years Party A (the exact age of child unknown - teen)

                Child Support - CSG Table Amount
                Party A pays Party B child support of $118 per month , as a starting point subject to further adjustments, according to the Child Support Guidelines ("CSG").

                Child Support - CSG Special Expenses
                In addition to the CSG Table Amount above, the parties must both contribute to the children’s Special Expenses (eg. child care, medical expenses, educational expenses, post-secondary expenses, and extra-curricular activities), if any. The amount of each party’s contribution depends on a comparison of the parties' incomes; the party with more income will pay a larger share of the Special Expenses.

                MySupportCalculator.ca
                Last edited by first timer; 09-15-2011, 12:34 AM.

                Comment


                • #9
                  Funny - I had just come across a case just like this in Canlii

                  Here's the link:

                  CanLII - 2008 ONCJ 115 (CanLII)

                  Hope it helps.

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X