When does CS come into effect

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bourgr

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question 1

My common law partner of less than 3yrs is insisting I start paying the CS payment 800$ a month as stating in the tables immediately. We agreed that our separation date would be March 10, 2012, however we have yet to sell the house and I am proposing we pay 50% of all bills including anything related to our son ( clothes, nanny, etc...). I have also agreed to let her have everything related to our son ( clothing, furniture, toys, etc...) since he will be living with her full time for the fist year with some visitation rights for dad. I feel that the CS payments should start once the house is sold and on the date we leave the home. Does this make sense ???

question 2

She is insisting that the washer/dryer is ours since they we're purchased for the intent to be used in our new home. I purchased these appliances with my credit card 6 months before our move in date. Thus I feel these items are mine to keep or to request compensation from the buyer or from my common law partner. Does this make sense ???
 
You are both still living in the home? CS would begin once one or both of you moves out. (ie. the house is sold)

She is insisting that the washer/dryer is ours since they we're purchased for the intent to be used in our new home. I purchased these appliances with my credit card 6 months before our move in date. Thus I feel these items are mine to keep or to request compensation from the buyer or from my common law partner. Does this make sense ???
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The washer dryer is an asset. Does the credit card still have a balance owing on it? Is the credit card joint? Or just in your name?
 
You are being unclear.

Are you still all living together?

If you are living together, it is possible to call March 10 the separation date, but it is absolutely necessary to be able to show full intent to separate. You must be living in separate rooms, preferably with locks on the bedroom doors (as in a rooming house for example.) You must close all joint accounts, take her off of your insurance, sever any financial connection. You must indicate to schools, doctors, etc. the separation and make arrangements with them about the intended custody, access etc. For example your doctor needs to be informed that you are separated but that you will have joint decision making and either may take the child in for an appointment and have access to medical records.

All such things must be factual and provable. Otherwise you are not separated in the eyes of the law.

You will not be able to show Revenue Canada sufficient reason to consider you separated, they will generally require you to be living in separate addresses. However for the purposes of family law court, if the two of you are in agreement about the separation date, the above would be sufficient.

At the moment you are in a position to show that you are both caring for the child, that custody is joint, in that you are all residing together. Once you move out, you need immediately to have regular access, preferable scheduled in writing and provable.

While you are living together there should be no requirement for CS, you are supporting the family and cost are covered, and you are acting as a full time parent no differently than you were before your technical separation. If your ex has $0 income, you could show good faith and pay some support, however you want this to be fully documented, do not simply hand over $800 cash.

If your ex has income, for example maternity benefits, then you should consider yourself at least in a shared parenting situation and pay the set-off amount. Again, document this. For example, send her an email (even if she is in the same room) detailing the amount you are paying, the date you will pay each month, and the set-off calculation. Pay by cheque and note on the cheque that it is for Child Support.

If you are residing together you should take full precautions against being accused of assault, kicked out of the home, etc. There are many threads on the board dealing with this. Never assume that your situation is amicable or will remain amicable. Divorce is extremely stressful and volitile and a situation can change dramatically at any time.
 
Why would you give up most of your access? Seems like you may get burnt for that if a court ordered the status quo six months from now. So many people in here seem to get burned when the SA is ignored a couple of months down the road.

I got 50/50. Hard at first but it is working really well.
 
He's in panic mode... and expecting a fight, but doesn't understand the emotional, and legal implications/games to all of this.

Number 1 rule.... don't leave the matrimonial home.... If it gets nasty you'll be in upward battle for custody and access.

Number 2 rule... if you do leave; don't leave without the kids.. It all plays into custody/child support/spousal support offsets.

If you fail in either of above, then it goes to the lawyers to play... otherwise, force the others hand to resolve things quickly, and fairly, otherwise, a lot of wasted legal fees.

I've go back on this thinking back about lawyers; at a certain point they ask what do you want?

Depending... that is the starting point of how much contention, emotions, and litigation based on facts (proven) starts to establish what the cost of the divorce will be upon a divorce application into the courts.

Enough said... costing me a bomb so far... my ex at least double!!!

Simply a cash flow game, and lawyers using the law when the other party is screwing with the system (because a lawyer can)..

Takes a lot of research, soul searching, reasonableness, negotiating the legal processs, and trying to find a means of carrying ones self past this.

Best of luck
 
its sure is stressful.

We still all live together. We are in the process of separating our assets, which causes some stress as she is pulling blanket her way as in most cases I am told. She does earn a decent income, thus I advised her I will only start to pay CS on the day we move out of the family home and she agreed. Yes, everything when it comes to visitation will be on the separation agreement notarized.


I have also decided to give up on the appliances, simply not worth the aggravations.

She does want me to pay bigger portion of common cost of living in our family home as I earn more.....she earns about half my income. however I feel that she earns sufficient dollars to pay her share. Do I have any legal obligations?
 
bourgr said:
its sure is stressful.

We still all live together. We are in the process of separating our assets, which causes some stress as she is pulling blanket her way as in most cases I am told. She does earn a decent income, thus I advised her I will only start to pay CS on the day we move out of the family home and she agreed. Yes, everything when it comes to visitation will be on the separation agreement notarized.


I have also decided to give up on the appliances, simply not worth the aggravations.

She does want me to pay bigger portion of common cost of living in our family home as I earn more.....she earns about half my income. however I feel that she earns sufficient dollars to pay her share. Do I have any legal obligations?
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I dont know that you would have any legal obligations to pay more then half no matter what income levels are.
 
FYI, according to the CS guidelines, nanny costs would be split proportional to income (as would any extraordinary medical/dental/activity costs). If the nanny is also doing cleaning/cooking/shopping also, then some adjustment should be made so that only the childcare portion is being split.
 
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