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  • Eldest son wishes to move full time with dad?

    Wow, its been a few years since I've been on the forum -- my how time has changed, good to see some old friends still online!

    Well, as life would have it -- given time, things do change and i mean CHANGE!

    To all the new members -- a word, time is a great healer!

    Ok ok ... so hoping the great members on here can help hubby out -- a few questions.

    1. My eldest son has been adament to move in with me fulltime, the ex and I and he have sat down and he has been at my residence for over a month fulltime and has no desire to move back with mom. Even after having talked and trying to convince him to go back to the 50/50 custody verbal agreement we have. On a side note, we separated 5 years ago and still NO signed, legal separtion agreement -- it was started but never completed to final signing! I know! Given the situation -- I take it if he lives with me fulltime, I can reduce the custody payments accordingly?

    2. With my son living with me fulltime, and custody payments adjusted -- is she still responsible for other expenses such as -- clothing, sports etc or is the responsibility totally on me? Not sure now how the other expenses that were shared 50/50 now are affected?

    I appreciate any feedback ... this is NEW territory for me.

  • #2
    He be ...

    By eldest son I mean he is now 14.

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    • #3
      If you have no signed agreement or court order, then you stop child support payments immediately.

      She now should be paying child support. If she does not work, she should be imputed a full time minimum wage at least.

      The expenses you are asking about are called section 7, as described in section 7 of the Child Support Guidelines. They should be split proportionately to income.

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      • #4
        Since your son lives with you full-time, she pays you child-support based on her income and you don't pay child support. Clothing is covered by child support. She is responsible for sports as an S.7 ONLY if he was involved in that sport before he moved in with you full-time. The cost is split proportionate to income.

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        • #5
          You would still need to continue paying child support for the other kids (assuming you have more then one). Thats pretty obvious - but Just in case I'm pointing it out.

          And now she needs to pay you child support for the one child now living with you.

          I'm not sure how that works when you look at the tables and notice that there are diminishing returns in child support for each additional child. So is the eldest considered the most expensive? And therefore she owes you that figure for CS? Or do you take the total figure of all children and simply divide by the number of kids you have?

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          • #6
            I was simply thinking of dividing the CS payments that covers 3 children and removing the payment of one child?

            I did not know that my CS payments covered childrens clothing? I paid CS payments in addition to covering half of the childrends clothing expenditures over the last five years -- did I OVERPAY?

            Hubby

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            • #7
              You pay CS as required by the court order regardless of anything else you pay, you may not deduct things like clothing you purchased, whether it is fair or not. So you did not overpay child support.

              You bought children's clothing when it should have been purchased by the other parent. There is no way to be reimbursed for this.

              Since you had 50/50 you should have been purchasing 50% of clothing to cover the time they were with you, and the other parent should have been doing the same.

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              • #8
                Thanks Mess

                Yes -- CS was paid according to the guidlines of 3 children on a 50/50 based on the differences in incomes of which I'm the higer earning parent.

                We've been paying for clothing 50/50 - what threw me was when there was mention that CS covered clothing expenses. If it did - then I paid CS according to the guidelines and in addtion paid for 50% of all clothing.

                So with the child living full time with me -- I can deduct the CS being the higher earning parent and she is no longer responsible for the 50% clothing expenditures?

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                • #9
                  You still use the set off for the other children, and she should pay the full CS amount for the child with you. Depending on your incomes she may pay a small amount of CS or you would.

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                  • #10
                    Originally posted by hubby View Post
                    ...
                    I did not know that my CS payments covered childrens clothing? I paid CS payments in addition to covering half of the childrends clothing expenditures over the last five years -- did I OVERPAY?
                    Hubby
                    In a 50/50 arrangement, using the offset CS method, which you are, you SHOULD be splitting clothing costs 50/50 - either by each buying the same amount of clothes for the children, or sharing receipts and splitting the cost 50/50 (my preference).

                    CS covers clothing, but that is only if you are paying full CS. In your case the offset CS is to balance the money available for raising the kids in each home. Therefore, when things are paid for that are not used in just one household (such as clothing), both parents should now contribute equally to those items.

                    You are still paying for clothing in proportion to income, it is just that you have already balanced the money out, so the cost should be split 50/50.

                    When she pays you full CS for the full time child, then you would pay for all his clothing, and sports etc. Unless he plays expensive sports, then she must contribute according to your incomes.

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                    • #11
                      Ok -- a sign of relief! So if my son should decide to move in full time -- I deduct that portion of the CS and am now responsible for paying his clothing expenses 100%?

                      CS was based on 3 young kids at the time -- years later, my eldest clothing costs more and he eats like a horse! Does one just divide the CS by the number of children and deduct the portion for the one child that moves in with a parent full time- regardless of age and costs to cloth and feed and older child?

                      Thanks again!

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                      • #12
                        MySupportCalculator.ca

                        Simply punch in incomes and it will calculate your CS for you...

                        You still have 50/50 with the two other kids, therefore you use the offset method...for the oldest that is living with you, she has to pay you based on ONLY her income, which yes you can than subtract from what you pay her, as a means to balance things out.

                        Comment

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