Child support while ex lives with her parents

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So take the advice given in this forum and contact your lawyer for the separate amounts.

Or...perhaps a better question for you would be...what amount each month are you claiming as spousal on your taxes?

...the difference would be the Child Support.

Or perhaps you have a copy of your final agreement. The amounts should be specified there.

If you have been paying based on 40% access...then the offset method should apply. Again...this would be detailed in your final agreement.

In the end...if the amount for CS is the offset amount and correct...you have the option of the other advice on the forum. Imputing a fill-time minimum wage on your ex foe the purposes of CS and S7. Unless her amount used is already calculated at that...full-time minimum wage.

...time to find final agreement.
 
For CRA purposes don't lawyers generally have to explicitly state the amount payable for CS and SS as SS is taxable?
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There are a number of reasons for doing this.
- Include it all as CS (higher than guideline CS, no SS); removes tax burden from recipient, usually results in earlier termination of support.
- Include it all as SS (CRA hates this and, if rumours are true, burn your previously submitted receipts before auditing you again for past years); good for the parties in terms of tax, but can easily lead to a mess.

It provides people with a single number to work with going forwards that they reach on agreement. Simplicity and certainty are benefits to everyone involved.

You may want to pay them separately.

SS is tax deductable, CS is not. If you are combining them as a lump sum CS payment you are robbing yourself of about an $9600 tax deduction.
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Part of the agreement may be that he takes on that tax burden (and thus saves it from his ex). A prudent person would contemplate the financials involved, and having an in-depth discussion with their lawyer, before seeking to re-open both spousal and child support.
 
singledad99 said:
Legally, it is not your business how much her expenses are and whether or not she is paying anything to her parents.
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In a shared custody situation, section 9c) explicitly takes into account the needs of each parent. Clearly, if she is living with her parents, her needs are lower.
 
In a shared custody situation, section 9c) explicitly takes into account the needs of each parent. Clearly, if she is living with her parents, her needs are lower.
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While a literal reading, the case law would seem to support the notion that this may increase the support obligation in certain cases - you are not likely to see any downward adjustments.
 
Janus said:
In a shared custody situation, section 9c) explicitly takes into account the needs of each parent. Clearly, if she is living with her parents, her needs are lower.
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Strange. I always thought that CS was not based on need; rather, based on the payor's income. The judge from my GF's last court appearance even stated this.
 
but no matter what, the court will take into account individual circumstance - like if either parent has medical bills that are taking a large portion of available income, the remaining income will just not cover the amounts listed in the standard tables. So perhaps if the payor is doing their best to say, keep the family residence going and the payee is living at the parents, rent free, food and other expenses paid for there could be a cause for the court to take that type of information into account as well??
 
ddol1 said:
but no matter what, the court will take into account individual circumstance - like if either parent has medical bills that are taking a large portion of available income, the remaining income will just not cover the amounts listed in the standard tables. So perhaps if the payor is doing their best to say, keep the family residence going and the payee is living at the parents, rent free, food and other expenses paid for there could be a cause for the court to take that type of information into account as well??
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Your examples sound like a case for undue hardship, which still doesn't base CS on the CP's need; rather, the CS amount is based on the payor's ability to pay, after his/her undue hardship circumstances are considered. Another important aspect to undue hardship is that it's a high threshold to prove.
 
CS amount is based on the payor's ability to pay, after his/her undue hardship circumstances are considered. Another important aspect to undue hardship is that it's a high threshold to prove.
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Aptly said.

Child support is the right of the child. If the custodial parent is able to support themselves and the child on little to no expenses then there will be a higher amount of disposable funds, which shall benefit the child.
 
What if she lives rent free and pays for before and after school care to her parents?
How does that complicate things?
My mom is providing before and after care for 160 a month which includes transportation to and from school.
My mom is also being paid 22.00 inservice days
All the same as if it was through daycare.
And when my ex doesn't show up I pay 100 for the weekend help.
My ex is under the impression that they are doing it for free.
It's just cheaper for me to take bus to work and avoid car bills and parking whih saves me close to 400 a month.
I live at home rent free
But make close to 40G and putting money into legal fees, child costs etc but also savings Resp home downpayment etc
How did I screw myself? I care for my son fulltime through month.
I am also a part time student (previously fulltime)

My ex visits once month for 4 days. What the ratio on that? Would that change things?
Trial is set for April
Do I need my accounts examined? To protect myself?
Thanks for ur patience in reading my issues...
 
What if she lives rent free and pays for before and after school care to her parents?
How does that complicate things?
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It doesn't. She is receiving a gift from her parents.

My ex visits once month for 4 days. What the ratio on that? Would that change things?
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Not enough to make a difference.
 
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