Paying Full Table CS with 50/50 Shared Parenting

LovingFather32

LovingFather32

New member
As you know I have 50/50 shared parenting.

I also pay most of the extra curricular (i.e - Ballet: 60/month ; $70 costume for ballet recital, soccer, swimming, ; Milk - school). etc

My order states that my ex should be seeking employment and that once she does we change to the set-off CS format.

My order also states that I am to go to family counseling and mediation before I can bring any future motions.

I'm pretty strained financially, paying all of this plus full table C/S. Our child is in full day school every day (what does ex do all day)? I know .. not my business .. but it's becoming my bank account's business).

Can my ex attempt to claim that this is status quo later? (I got used to not working lifestyle and collecting cash from LF32 ... I want that to be my SS for life?)

What are my options here? If any?

Thanks

LF32
 
LovingFather32 said:
My order also states that I am to go to family counseling and mediation before I can bring any future motions.
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Surprised the judge didn't fix that to state Arbitration. Most of them do fix that common mistake. The only thing a judge will enforce is arbitration. You can simply suggest mediation, get a denial response and then go to court. So you are not blocked from going to court. You can also walk into the mediation and walk out 30 seconds latter and state it failed. As mediation is closed the other party can't even discuss why it failed or what happened. (Until it comes to determining costs that is.)

Mediation clauses are worthless. When doing an agreement you should always search and replace "mediation" with "arbitration".

LovingFather32 said:
Can my ex attempt to claim that this is status quo later? (I got used to not working lifestyle and collecting cash from LF32 ... I want that to be my SS for life?){/quote]

There is an order with other instructions as you stated. She will have a reasonable amount of time to find employement but, you do realize that you will be paying CS anways. Offset won't reduce what you are paying much if you are making say 100,000 and the other parent is making 30,000.

LovingFather32 said:
What are my options here? If any?
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On the next adjustment of CS a year after the original agreement was reached you can request the other party impute an income of 30,000 if they haven't found employment. If they fail to agree you can request mediation, provide the names of 3 mediators to choose from and specifically state it is to have income imputed. They again will say no and then you can now go to court to seek that.

I would give it 2-3 years to be "reasonable" but, you know your file better than anyone would.

Good Luck!
Tayken
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Start collecting job posting that you know she would qualify, being that the other Provence is right across 25 mins away no reason to not be employed.

This way when they say no jobs..you hand them their own copy of what you have found. Come in handy for future court time too.
 
Can you now claim shared custody for purposes of the child tax credit? It might help a little to mitigate the extra expenses. This might be something that you can do faster than imputing income to her which may take 2-3 years.
 
Im not an expert but Im wondering if at the six month mark you can request mediation to determine off set cs. Not her finding a job but off set since its been six months, she was ordered to find a job and youre free through the months of July and August to provide support for daycare. If she rejects it then file a motion for imputing income and off set support.

Also watch the job boards and start printing jobs she could do (both qualified in her field and other admin type jobs) to arm yourself.

When my partners lawyer talked to us about this he said my partner would need to show that he has been applying. Our answer was that he was applying to about four jobs per day and he could show attendance at job fairs, open houses and follow up calls to his applications. The lawyer said thats more than the court would expect. Recall too that he wasnt asking to reduce support, that was more to answer the question if he was purposefully underemployed.
 
PeacefulMoments said:
Can you now claim shared custody for purposes of the child tax credit? It might help a little to mitigate the extra expenses. This might be something that you can do faster than imputing income to her which may take 2-3 years.
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From my research with CRA, only the sole custodian or child support receiver can claim child tax credits of any kind.

Sent from my HTC One_M8 using Tapatalk
 
Feeling it financially

Feeling it financially

You can simply suggest mediation, get a denial response and then go to court. So you are not blocked from going to court. You can also walk into the mediation and walk out 30 seconds latter and state it failed.
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Good point. While she's unemployed she would still be eligible for LAO, which would provide "mediation" free of charge. (Is LAO still at her disposal given all of this)?

My order states family therapy as well before a motion. But I can't see how CS could be solved with family therapy anyways.

Mediation clauses are worthless. When doing an agreement you should always search and replace "mediation" with "arbitration".
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Noted for the future. Good advice.

Its been almost six months right? And youre going to be exchanging taxes this week?
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That's right Rock. May 1st we exchange our tax stuff. Should be interesting.

Start collecting job posting that you know she would qualify, being that the other Provence is right across 25 mins away no reason to not be employed.
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Already done GoodMom. I have a file with monthly job openings, many gov't jobs looking for bilingual candidates (such as her) and willing to train. Many pay more than I make.

Can you now claim shared custody for purposes of the child tax credit? It might help a little to mitigate the extra expenses. This might be something that you can do faster than imputing income to her which may take 2-3 years.
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Hey Peaceful .. how are ya? Yes this is part of the order as well. I get even years and she gets odd years regarding child tax credit stuff.

Our answer was that he was applying to about four jobs per day and he could show attendance at job fairs, open houses and follow up calls to his applications. The lawyer said thats more than the court would expect.
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Yikes. I'm guessing that's what my ex will do also. I'm tying I'm trying (not really).

It seems requesting mediation might be the next logical step to try and figure out the offset .. boy that'll ruffle her tail feathers when I talk to her about that.

I have 50% the expenses (and more since I pay much of the other stuff) ... so I'm feeling the financial distress of full table CS, as if I were an EOW.
 
Im thinking the mediation and counseling is for child related stuff like vacations access etc. parenting decisions and so forth.

For financial stuff Im going to say that that is open ended especially since the order says shes supposed to be looking for a job.

When you exchange income tax it might be beneficial to open the discussion. As in now that we've reached six months of 50/50 and we've exchanged financials i would like to discuss moving to off-set child support calculations. Depending on what her answer is you could then say i will be filing a motion for off set support and to have an income imputed to you. Or something along those lines.

She was ordered to find a job. D4 has been in school for four months. Theres nothing stopping her from looking and applying which I have a feeling she hasnt done. This might spur some action.
 
Tax time seems like the ideal time to open this, as this is when adjustments to CS normally get made (as parties' incomes change and payment amounts change. How about:

Dear Mom,

As we update our child support payments, I would like to move to offset child support beginning June 2016. Please supply me with your income information so that an appropriate amount can be calculated. If you do not have income information to report, I will begin the process outlined in paras ABC of our order to seek that an income of $30 000 be imputed to you, retroactive to June 1 2016. Please let me know your response by May 15 2016.

Sincerely, Dad

I wouldn't bother with keeping a job clipping file. It's not your responsibility to find employment for her, and you don't want to get sidetracked into arguing about the merits or drawbacks of particular jobs. It seems pretty clear to me that if the child is in full time care, Mom lives in a major centre and Mom has not been deemed disabled, an income of $30 000 is not unreasonable to expect, even in a recession.
 
Why the F*** are you paying full child support? As soon as custody became 40%+ you should have made an adjustment, what kind of craziness is this? You need to wait for the year end to adjust....

As for imputing income, I would wait the 2 year mark. I am in a similar boat, I will wait for 2 years from the last time a judge said "not just yet" and then file again.
 
My order specifically states that on May 1st of each year we exchange NOA's. I got my taxes done a bit late this year so Ill have to wait for those.

Not sure if I should bring up the whole "seeking employment/Offset" thing yet to ex. This summer will be tough as school is seasonal, EI isn't an extravagent amount and I'll have D4 week on/week off (which makes it tougher to find PT work) ... and all the while still paying full table CS.

Guess I'll have to figure this one out.
 
This summer will be tough as school is seasonal, EI isn't an extravagent amount and I'll have D4 week on/week off (which makes it tougher to find PT work) ... and all the while still paying full table CS.
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If CS is calculated on your annual income, the summer CS payments while you're on EI shouldn't be an issue as you know you are paying $XX amount so can put a bit extra away every month from September to June to cover the amount for those months. If this is your regular schedule, it already takes into consideration that you have less money in the summers.

Not that I agree with having to pay full CS when you have 50-50, just that the amount you pay already accommodates your lower income in the summer.
 
blinkandimgone said:
If CS is calculated on your annual income, the summer CS payments while you're on EI shouldn't be an issue as you know you are paying $XX amount so can put a bit extra away every month from September to June to cover the amount for those months. If this is your regular schedule, it already takes into consideration that you have less money in the summers.

Not that I agree with having to pay full CS when you have 50-50, just that the amount you pay already accommodates your lower income in the summer.
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Thanks Blink.

I've put away what I could throughout the year .. but it hasn't been much, especially since I still have a hefty legal bill I'm trying to pay off (and still slowly paying off the retro from when D4 was abducted).

Luckily work doesn't bother me in the least, so every week I don't have D4 I'll work my butt off as an ABA therapist, performing magic, deliveries with my truck .. and whatever else I can every week I dont have her. It just sucks that some get to sit on their couch all day collecting welfare (while running a home day care for extra $$) watching soap operas while the kid is in FT school. But then again .... I wouldn't want that life.
 
Have you reported her to welfare? You *could* also call CAS to investigate the daycare...just saying...if they have the report of the daycare then welfare will have proof its happening...
 
I would put my focus on imputing an income when the circumstances are ripe more so than on her obtaining employment. You can't make her work, but you can try to have an income imputed so that the offset CS and percentage of S7 will be more reasonable. Hopefully by now you are receiving your portion of the monthly child benefit also. She would receive half of her entitlement and you would receive half of your entitlement under shared custody.

Don't let her rent so much space in your head for free. Easier said than done, I know, but it will make your life more peaceful if you can.
 
PeacefulMoments said:
I would put my focus on imputing an income when the circumstances are ripe more so than on her obtaining employment. You can't make her work, but you can try to have an income imputed so that the offset CS and percentage of S7 will be more reasonable. Hopefully by now you are receiving your portion of the monthly child benefit also. She would receive half of her entitlement and you would receive half of your entitlement under shared custody.

Don't let her rent so much space in your head for free. Easier said than done, I know, but it will make your life more peaceful if you can.
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All good points.

My order states that I get all child tax benefits in even years and she gets odd years. So of course I applied and received a letter from CRA back stating that there were "residency issues" so I couldn't have it. Pretty sure its because 2016 benefits were for 2015 year, and I didn't have 50/50 then. So I guess I get it next year?

Regarding imputing her income .. I'm being told to wait 2 years for that by most. I'm guessing there's a good reason for that. Not sure.

Rock .. yea the thought crossed my mind about reporting......just hate rocking any boats.
 
rockscan said:
Have you reported her to welfare? You *could* also call CAS to investigate the daycare...just saying...if they have the report of the daycare then welfare will have proof its happening...
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I would strongly advise against this. CAS exists to protect children at risk of abuse or neglect. Unless there is evidence that Mom is neglecting or abusing children, calling CAS just to get proof that she's looking after kids in her home is inappropriate.

I agree with most other posters, focus on imputing income rather than getting Mom employed. It's up to her whether to seek work, stay home all day, whatever. But if she is able to work, whether she actually works or not, she should be paying CS based on an estimated income.
 
Actually, running a home based business while on social assistance is fraud. So she is breaking the law. Added to that, if she isnt operating the in home day care safely or even securing the kids in car seats properly shes also breaking the law. Ontario has had a major issue with unsafe in home daycares and many agencies mandated to investigate these have been called out after a death at one on Vaughn. If something was to happen to any of these kids in her care due to her negligence which was encourage because she didnt want to follow a court order to find a job that would be a huge issue.

Im not saying do it, Im saying there are channels to go through to ensure this "business" is on the up and up. LF32 has previously stated all the car seats in her car which was a red flag to me. Fraudulent home based day cares are a major issue in bigger Ontario cities. That is bigger than his CS issue. Thinking shes in the clear just perpetuates the problem.
 
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