Child support while ex lives with her parents

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ehbe1036

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Hello,

My ex and I have been separated for over a year now. As of mid July, I am paying $1700/month in CS and no spousal. When the matrimonial home was sold, I moved into my own house and she moved in with her parents. I doubt she has many expenses at all. Anyone know of previous case law or personal experience surrounding similar circumstamces? I'm having a hard time understanding why I'm paying so much if her expenses are minimal.

Thanks
 
ehbe1036 said:
Hello,

My ex and I have been separated for over a year now. As of mid July, I am paying $1700/month in CS and no spousal. When the matrimonial home was sold, I moved into my own house and she moved in with her parents. I doubt she has many expenses at all. Anyone know of previous case law or personal experience surrounding similar circumstamces? I'm having a hard time understanding why I'm paying so much if her expenses are minimal.

Thanks
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Legally, it is not your business how much her expenses are and whether or not she is paying anything to her parents.

If the amount was calculated based on child support table, there is nothing you can do about it. If you are paying more than the table amount then you should see if cost of litigation is worth the savings you might or might not achieve with litigation.
 
I doubt she has many expenses at all.
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Irrelevant.

Legally, it is not your business how much her expenses are and whether or not she is paying anything to her parents.

If the amount was calculated based on child support table, there is nothing you can do about it. If you are paying more than the table amount then you should see if cost of litigation is worth the savings you might or might not achieve with litigation.
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Sound advice.
 
ehbe1036 said:
She says her company has no full time position for her.
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So? What do jobs pay in your market for someone with a similar skill set? You then ask the courts to impute her income to a full time wage.

Her current employer may not have full time jobs, but there are likely others that do.

Since you have the kids over 40% of the time, are you paying offset child support or full guideline? Looking at the information provided, you are paying slightly under full guideline for 3 kids in Ontario (full guideline in Ontario would be $1,813). You should be paying offset c/s which would be about $1,016 per month.
 
I piock up or drop off the kids at her parents place. I doubt there would be any issue with me seeing them anytime I wanted.
 
To be honest, I'm not asure how my lawyer has calculated my payment. All I know is there will be no requirement for spousal support and the amount I pay will not change if her salary goes down, only up.

As for the employment aspect, she's already stated she has little post secondary education, doesn't speak french and has been with her company for 15 years. What are the chances a court makes her go get a fulltime job? I suspect zero.

HammerDad said:
So? What do jobs pay in your market for someone with a similar skill set? You then ask the courts to impute her income to a full time wage.

Her current employer may not have full time jobs, but there are likely others that do.

Since you have the kids over 40% of the time, are you paying offset child support or full guideline? Looking at the information provided, you are paying slightly under full guideline for 3 kids in Ontario (full guideline in Ontario would be $1,813). You should be paying offset c/s which would be about $1,016 per month.
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ehbe1036 said:
As for the employment aspect, she's already stated she has little post secondary education, doesn't speak french and has been with her company for 15 years. What are the chances a court makes her go get a fulltime job? I suspect zero.
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No the court will not make her get a *fulltime* job. But it will require that she supports her kids ... and that means contributing CS according to some reasonable income. Where 'full time minimum wage' (e.g. $20k/yr) is often used as a MINIMUM reasonable income for someone able-bodied with few skills. How she gets the money is up to her (beg, borrow, steal ... earn???).

EDIT: I read more carefully, and see she is making $43K parttime. So that corresponds to $817/mo CS.
Your $98K income corresponds to $1813/mo.
So the difference is $996/mo -- THAT is what you should be paying (or even less if you succeed in imputing her a higher wage). Pretty much the same #'s that HammerDad came up with.

http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/tool-util/apps/look-rech/index.asp
http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/tool-util/apps/look-rech/index.asp#results
 
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can't resist, a second part time job???
maybe - look for a new job that can provide full time hours.... maybe some benefits and pitch in a full time effort to support her children too?? Just seems to simple to even suggest??
 
ehbe1036 said:
I piock up or drop off the kids at her parents place. I doubt there would be any issue with me seeing them anytime I wanted.
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sounds like you dont have a separation agreement written yet? just calculations turned into an order?

if thats the case i would say have the kids for over 40% for at least 6 months thus being able to argue a status quo should she decide to reduce your access.

also have no spousal written and signed in an agreement, otherwise she can come back and bite you for spousal robbery

when you have that in writing you can then go back to court and ask for an offset retro to the date you started having them for over 40%.
 
singledad99 said:
Legally, it is not your business how much her expenses are and whether or not she is paying anything to her parents.

If the amount was calculated based on child support table, there is nothing you can do about it. If you are paying more than the table amount then you should see if cost of litigation is worth the savings you might or might not achieve with litigation.
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Well not 100% correct. If all matters of child support are resolved on a FINAL basis then you are correct. (i.e. a court order marked FINAL made on consent or at trial) If matters are still before the Court Rule 13 Applies and full and frank disclosure is required in accordance with the Rules.

This is clearly outlined in Form 13/13.1:

http://www.divorcemate.com/library/FinStmtInstructions.pdf
http://www.dyment.com/articles/financial-statement.pdf

The above links as they provide more details which the actual forms do not include that are very helpful. The original forms can be found at:

Family Law Rules Forms — Ontario Court Services

Good Luck!
Tayken
 
To be honest, I'm not asure how my lawyer has calculated my payment. All I know is there will be no requirement for spousal support and the amount I pay will not change if her salary goes down, only up.
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It sounds like you have a combination spousal-child support. I would speak to your lawyer before considering taking it back to court.
 
OrleansLawyer said:
It sounds like you have a combination spousal-child support. I would speak to your lawyer before considering taking it back to court.
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Blended?

For CRA purposes don't lawyers generally have to explicitly state the amount payable for CS and SS as SS is taxable?
 
I don't understand how this is possible. I have the kids 43% of the time, make 98K, she makes 43K and I'm paying $1700.00 yet you think I should be paying less than $1000?
 
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