Calculating Offset and court statistics about invalid Separation Agreement

[Samatha-2000]

Hi Guys
I am just writing to see if I am on right page with my separation with husband.
I am just creating Separation Agreement letter from template from Legal Forms from LawDepot.ca - Trusted Do-it-Yourself Legal.

We will have joint custody of our two kids , 50 % with me 50 % with him. Simple. We don’t have any conflicts, we are in agreement.

I am earning double then he and I am putting in separation agreement that I am paying him 600 $ and he is paying me 1000$ every moth. Somebody on this forums suggested doing like this way . instead of mentioning only offset of 400 $ what has to be paid.
After he paid me offset we are splitting any additional cost RESP , ski trips ETC to 50-50 %.

Does he have to pay me this offset even if we have 50/50 % shared custody? I think answer is yes, but it is better double check with somebody from these forums.

We balanced salaries with this offset and after that we share 50/50 % additional cost ? Am I correct with this?

Does anybody have slight clue how much would cost if I bring finished Separation Agreement to lawyers for independent review? We are talking in hundreds, thousands or ten thousands ?

Any clue or statistics from field about court making invalid Separation Agreement because we did not have Independent Legal Advice. If that number is 20-30 % I would definitely look for lawyer, but if number is 1-2 % I would not.

Thanks

 

[Mess]

I don't have any statistics but a court won't overturn an agreement JUST because you didn't have ILA. If the agreement is within the bounds of the FLA, the Child Support Guidelines, and you both made full financial disclosure, then there would be little reason to overturn it. You should certainly have it witnessed and notarized, which can cost as little as $50 or thereabouts. (call around.)

If you take it to a lawyer, you should get it signed within an hour consultation, so you are looking at $200-400 depending on how senior the lawyer is. If you are sure of yourselves, consider a neighbourhood "general" lawyer.

You should file the agreement with the court, just speak to duty counsel and you will be directed to the right counter. You should file your agreement with Canada Revenue using a T1158E and a copy of the agreement. You should file the children's residental schedual and declare as shared parents (sorry, forget the form number but it is downloaded from CRA website). Taking steps like this will indicate that you acting in an informed way and co-operating.

I am confused by your description of your incomes and the support calcualtion. You say you are earning double than him, but he is the one pay you the setoff amount? That makes no sense.

I will presume that HE earns twice what you earn? The setoff has him paying you the difference between $1000 and $600? You have the right idea. You should word it that "In accordance with section of 9 of the Child Support Guidelines, both parents are paying each other support according to the guideline amount. For the 2013 calendar year, (dad) will pay (mom) the difference between the amounts. The parties will exchange full tax returns each year and the support amounts and the split in section 7 expenses will be recalculated each year in (name month, probably May or June?) according to the previous year's incomes."

Or words to that effect. It is not inconceivable that some day your incomes may reverse and the other will be paying the setoff amount, so try to keep the wording neutral, while still indicating that each pays the other. This will help you claim tax credits.