CS and Mat leave

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If you were together, would you be buying less clothes, offering less activities, delay buying that next bike, etc. to your 2 kids while you were on mat leave for your 3rd kid?
 
CSAngel said:
I currently have shared custody of my two daughters and pay CS to my ex. If I go on mat leave, does my CS get adjusted?
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That question has been asked when dad is starting new family, and has a new baby on the way with new wife and wants his cs reduced, the answer if I'm not mistaken has been NO. Children from first relationship comes first. I believe the rational has been, that you knew that prior to having a new child. I am sure there are more technical terms for it...but the short answer is no.
 
CSAngel said:
I currently have shared custody of my two daughters and pay CS to my ex. If I go on mat leave, does my CS get adjusted?
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I interpreted the question as ' based on the lower income that she will have due to her maternity leave, will her cs be reduced?'

I would think that when cs is adjusted annually, she would report her income for the year based on her ei benefits. Therefore the outcome would probably be that she would be paying less child support for one year. Then when she went back to work, cs would be increased based on her full time wage.

no?
 
06nomad said:
That question has been asked when dad is starting new family, and has a new baby on the way with new wife and wants his cs reduced, the answer if I'm not mistaken has been NO. Children from first relationship comes first. I believe the rational has been, that you knew that prior to having a new child. I am sure there are more technical terms for it...but the short answer is no.
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In this case, her income will be reduced due to the MAT leave, it would be the same for the father whose income is reduced due to a job change or even paternity leave.
I would assume the same rules will apply though, you will likely need to file a motion to change due to the reduction in income.

I'm sure there will be those having a cow and 7 elephants that I've even suggested the motion because her income will be reduced due to a decision she made (to have another child), but I would suggest the same to any male whose income is lower due to circumstances; there are two sides to every street...
 
While I appreciate this may be a sensitive topic, I was asking from a legal standpoint - not from one's personal opinion. I want to know the facts before I go ahead and decide to conceive again.
 
EI/maternity leave affects line 150 of your tax return and as such would affect your CS and Special expenses component.

So yes, your CS obligation would drop when you go on maternity. IF your agreement is poorly worded, then you would need to return to court to have it decreased.
 
There is no strictly legal stand on this, that's the problem. It comes down to who can put forth the more convincing, reasonable argument.

If your SA describes automatic yearly adjustment of CS based on line 150, then I'd think you have a better chance to just go ahead and do it, and wait for your ex to take you to court if they disagree. On the other hand, if you are going thru court each year to adjust CS (maybe you are using FRO?), then the argument will come up in court right away.
 
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NBDad said:
EI/maternity leave affects line 150 of your tax return and as such would affect your CS and Special expenses component.

So yes, your CS obligation would drop when you go on maternity. IF your agreement is poorly worded, then you would need to return to court to have it decreased.
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Thanks, NBDad. This is what I would think is logical. My ex's income is highly variable so we intend to adjust the CS amounts yearly. I found a case on CANLII that DID allow the woman to adjust her CS while on Mat leave. She was not, however, allowed to adjust it to stay home AFTER Mat leave (she wanted to take 15 months unpaid leave as well but had to continue paying during those 15 months since they were considered 'intentional unemployment').
 
CSAngel said:
While I appreciate this may be a sensitive topic, I was asking from a legal standpoint - not from one's personal opinion. I want to know the facts before I go ahead and decide to conceive again.
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Lol that's all we have in here is our opinions. Not too many lawyers in here. If you want legal advice you should seek a lawyers opinion. I am assuming that once you tell the person you're paying (if you haven't already) cs will seek advice. I am sure there would be case law on the matter. Try looking for it. I think its called Can law or something like that. It is a site where you can enter your search fields on a particular matter. What a lot of people have found out and most likely the hard way. What should happen and what is thought to be reasonable. Is not.

Good luck.
 
CSAngel said:
Thanks, NBDad. This is what I would think is logical. My ex's income is highly variable so we intend to adjust the CS amounts yearly. I found a case on CANLII that DID allow the woman to adjust her CS while on Mat leave. She was not, however, allowed to adjust it to stay home AFTER Mat leave (she wanted to take 15 months unpaid leave as well but had to continue paying during those 15 months since they were considered 'intentional unemployment').
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Did you find more than one? Even not in favor. If you're going to argue based on that case you'll need to check those that didn't favor your position and explain why they do not apply to your case.
 
CSAngel said:
Thanks, NBDad. This is what I would think is logical. My ex's income is highly variable so we intend to adjust the CS amounts yearly. I found a case on CANLII that DID allow the woman to adjust her CS while on Mat leave. She was not, however, allowed to adjust it to stay home AFTER Mat leave (she wanted to take 15 months unpaid leave as well but had to continue paying during those 15 months since they were considered 'intentional unemployment').
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Sorry not sure if i am reading right. The amount of the cs you pay is adjusted according to your ex's income? Is your access shared equally or close to?
 
06nomad said:
Lol that's all we have in here is our opinions. Not too many lawyers in here. If you want legal advice you should seek a lawyers opinion. I am assuming that once you tell the person you're paying (if you haven't already) cs will seek advice. I am sure there would be case law on the matter. Try looking for it. I think its called Can law or something like that. It is a site where you can enter your search fields on a particular matter. What a lot of people have found out and most likely the hard way. What should happen and what is thought to be reasonable. Is not.

Good luck.
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I was hoping to find someone who had gone through this and could provide insight.
 
CSAngel said:
You're confusing joint and shared. We have shared custody which means we have joint physical AND joint legal custody of the children. It's split 50/50.
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lol Im confusing joint and shared? No I think you maybe writing it wrong. Your original post said you had shared custody. Not shared access. There is a difference. You've just now clarified access.

Anyway. If your access is equal. Then what are your cs payments? The reason why i ask is that cs would be offset between the two of you. Unless your income is significant different your cs payments shouldn't be that much. If that is the case then asking for a reduction, would the ends justify the means?

Is it just me or am I missing or not getting something here?

The way I understand things. If mom and dad have equal access then cs is offset or cancel each other out. Unless one parents income is greater. Then the difference is made up through the difference using guidelines.

Yes / No anyone else here that has a different take?
 
06nomad said:
lol Im confusing joint and shared? No I think you maybe writing it wrong. Your original post said you had shared custody. Not shared access. There is a difference. You've just now clarified access.

Anyway. If your access is equal. Then what are your cs payments? The reason why i ask is that cs would be offset between the two of you. Unless your income is significant different your cs payments shouldn't be that much. If that is the case then asking for a reduction, would the ends justify the means?

Is it just me or am I missing or not getting something here?

The way I understand things. If mom and dad have equal access then cs is offset or cancel each other out. Unless one parents income is greater. Then the difference is made up through the difference using guidelines.

Yes / No anyone else here that has a different take?
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The term 'shared custody' refers to joint physical (access) and joint legal (decision making) custody. I'm not confusing anything.

I currently pay him CS based on both our incomes as my income is higher, however, if I go on Mat leave, my income will be reduced to 32% of my normal income for an entire year which is why I'd like to know if the reduction in my income will result in a change to the CS amount.
 
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