Basic child support question

C

ccham05

New member
Sorry if this is a silly question. My ex-husband earns less than me. I have custody of our son. There is an order for child support, but is support only payable if he makes more than me? Or does he pay based on his income no matter what mine is?
I did the online calculator and it appears he pays either way, but I wanted to verify before asking him and looking stupid.
 
Yes, sole custody but shared time (50/50). The order states that child support to be determined annually based on income tax returns.
 
Its who makes more has to pay. How did you get an order to get money from him when you earn more. read about offset cs. Others may correct me but its you who should pay.
 
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ccham05 said:
Yes, sole custody but shared time (50/50). The order states that child support to be determined annually based on income tax returns.
Click to expand...

In a shared custody regime, which you have, the higher income earner is supposed to pay the lower income earner.

Yes, you have sole custody, which determines who has final say on major decisions regarding the child. But shared custody is strictly determined off of parenting time with the child (also known as shared parenting).

Given the facts provided, you should be paying your ex child support. Once your ex's income increases to past yours, they would pay you child support. What you have right now is a free ride on c/s and isn't really fair to your ex that they don't get to receive c/s they should be entitled to.
 
Thank-you for the replies. I can assure you nobody is being ripped off or getting a free ride. The judgement which was only received yesterday states no support payable until next year.

The reason I am confused, is that I`ve heard support is determined by time spent and there`s a threshold where support isn`t payable (40 percent range).
Then I`ve also read that the custodial parent`s income is irrelevant.

So this is why I was confused. Not seeking a free ride, just seeking to understand the Order.
 
At the risk of making this more complicated than it needs to be:

Technically, in a 50/50 situation, you both pay child support according to the law. Each parent pays the other parent the amount appropriate to his/her income (line 150 of the federal tax return), province of residence and number of children. You can look up what these amounts are for each of you at Child Support Table Look-up

In practice, the parent with the higher income pays the parent with the lower income the difference between the two child support amounts, so only one cheque (or whatever) changes hands each month. This is what people call "offset" or "paying the offset".
 
Thank you stripes, that is very clear and answers my question.

Yes, blinkandimgone, I have calculated the $20 a month I will pay him. I hope that meets your approval.
 
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