joint custody and support

Status
Not open for further replies.

sixfeetunder

New member
If my wife and i agree on joint custody and my income is 60000 and hers is 40000 and we have a total of 4 kids. One child is living with me so she has 3 children, i give her 800.00 monthly might be under what I'm suppose to be i made extra money last year due to working 3 jobs which i don't have anymore just 2 jobs , how will this effect my payments ? I can't afford to pay her what she wants and get a bigger home , what are my best options?

One more question my x said if i went for the house she can go after my pension, i don't have a pension plan just what ever i would get from the government will she be entitled to my government pension?
 
Didn't you say earlier that you have the remaining 3 children about half the time? I'm not sure how it works for the children having different schedules, but there's an important dividing line around 50-50. Your incomes are pretty similar, so if you have one kid residing only with you and you share the other three, you probably aren't going to owe her much, if any, child support.

Yes, she is entitled to half your pension, if you had one (or at least, half the value of the pension increase during the time of the marriage). She can apply to share your CPP as well, just as you can apply to share hers. Again, if your incomes have been pretty similar all along, it'll probably work out about evenly, I would think.

And you are entitled to half the house. You don't have to sell it. One of you can buy out the other. Just cause she's making threats, don't back down from what you earned and need to make a new life for yourself. Especially if you have the children at least half of the time. I think this was mentioned in your other thread too; they should be given priority for continuing to live in their home, and it sounds like that would be with you.
 
well like i did mention 1 child lives with me and and the other 3 come to my place right after work and hang out with me and i will take them to all there sporting events and tournaments. I know my x biggest fear is not getting her 800.00 month, but when i discuss it with her she z it would mean less hydro and food for her to worry about , but her concern is her child support still and how she need it for her living expenses but not the interest of the kids , my dilemma is bigger home and my children know i work extra jobs to put them through sports which i live for specially hockey.Would the courts take this as consideration and grant me joint custody ? They can question any hockey, baseball and soccer coach and they will tell you its always me not the x.
 
You need to be assertive (not agressive) about this and stick up for yourself and your children. Don't worry about what the ex's motives are, concern yourself with setting up a stable life for the kids. They ideally need both parents and the mother doesn't have any automatic rights to custody but you need to act and assert yourself.

The children have a right to a decent home while with you. You both earn comparable salaries, she doesn't "need" child support, although you should pay a smaller amount if you have 50/50 custody.

If you don't want 50/50 that is up to you, but your children need you and seem to want to live with you, you have to stick up for them and yourself. Don't fight with the ex over the money, assert your childrens' need for both parents. She doesn't own them.
 
Well, if she lets you have the house and she was the one to get an apartment, her living expenses would be a lot more manageable for her, wouldn't they! But be tactful if you point that out, of course.

You already have joint custody by default. That just means you and your ex both make the decisions for education, health and religion. Don't give that up!

What you want is shared access. The children living with you half the time, and your ex the other half. At least for the younger children; sounds like your oldest isn't willing to be shared. Then wanting to hang out at your place, and you taking them to all their sporting events will help you make your case, but the biggest issue will be where do they sleep? Having them sleep at your place half the time right from the start, even if it's crowded in your apartment, will be a big determinant. And as you described, you have 3 kids at half time, and one kid full time, that gives you a slight majority as far as I'm concerned, and you should definitely fight to be the one who keeps the house (if you can afford it solo, of course). If you want to be forceful and call her bluff, apply to the courts for exclusive possession of the matrimonial home. Don't delay, as you want to be establishing status quo from the get-go, and the kids would be a lot more comfortable in their own beds anyways. If you want more discussion with the ex, just make sure the kids sleep at your place half the time until you come to an agreement about the family home and get the funds you need for a bigger place at the very least. Read up on here, don't just ask for advice, but read past threads for lots of similar advice already posted on how to orient your arguments for shared access. An essential thing to make clear in any agreement is that you are not trying to keep the children from their mother.

And by the way, more part-time jobs to make more income to pay the CS just raises your CS and uses up time that could be spent with the kids. It's definitely a diminishing return on time invested.

If she goes after your government pension, go after hers. Call her bluff. But do it out of 'fairness' not aggression.

With the limited information you've provided, it sounds like your ex is basically just trying to manipulate you. She's getting CS from you by playing the "oh I need food" card and using threats to avoid you going after your fair share of the matrimonial home. Do your due diligence research here to avoid falling for any tricks. And hopefully soon someone more familiar will be able to calculate a true CS amount for you, or you may want to consult a lawyer, but I don't think, if the access is currently shared for 3 and in your favour for the oldest, that you should be paying as much as $800. If you aren't sharing the 3, get them sleeping at your place half the time, or get back into the house with them one way or another, as you don't want to give her time to establish status quo of them not being shared. You sound like an involved father, so stay that way! Your first post seemed quite shell-shocked, but you need to get your head back on straight as soon as you can, armed with knowledge, to give your kids the best dad they can have during this stressful time. You feel stressed out and at least you have a modicum of control over the situation. Their lives are crashing down and they can only watch.
 
I do truly want 50/50 , I know the kids need both of us and they do deserve decent home and most family and friends said they can forecast that all the kids will eventually be with you they know and see everything .
 
Ballpark estimate assuming you have at least 3 overnights/week with your other 3 children puts you at currently paying 10 (yes TEN) times the amount you should be for child support.

At most...you should be paying her under 100/month.

Here's the math, using the federal child support tables (i used New Brunswick, but the difference between that and the Ontario tables is like $5, so not really relevant)

Your ex, making 40,000/year would pay 913 for 4 chldren or 228.25/child
3 children (that you share custody of) @ 228.25/per child = 684.75

YOU, making 60000/year would pay 1327 for 4 children or 331.75 / child
The 3 children you share custody of @ 331.75/child, MINUS the one child who resides with you full time = 995.25

This gives you a difference of 310.50 using the offset method for the 3 children you share custody of. (assuming at least 40% overnights fall with you) less the 228.25 she owes you for "full" support for the one child you have sole custody of...means you owe her about 82.25/month in support.

I did this using the table column for 4 children...if you break it up into 3 and 1, you'd owe even less.
 
If the children end up living with her full-time and she keeps the house and you pay max child support and work two jobs, you have a crappy apartment that they are uncomfortable sleeping in HOW THE HELL IS THIS GOOD FOR THEM? It's not good for them to lose a parent.

Your ex needs to get cheaper housing, support herself and her share of the kids. This is her problem not yours.

Your problem is having sufficient housing for your kids and yourself and having enough energy to take care of them. They need you both, but they need you both to get your lives organized.
 
She can apply to share your CPP as well, just as you can apply to share hers. Again, if your incomes have been pretty similar all along, it'll probably work out about evenly, I would think.

Just wanted to highlight that one - she won't want to hear this.
 
Status
Not open for further replies.
Back
Top