living expenses when paying child support - Canada
Hi! It appears that we are going to court because BM wants more money. DH has never actually gone to court for CS..just a mutually agreed upon amount but now she wants more.if not, we go to court. She actually makes more than DH and I put together...and it was agreed that he could pay a lesser amount. DH still has both kids (15 and 20) on his medical insurance, gives rides, and attends all functions...basically being there any way he can.
Both kids live with BM..their choice. WE were more than happy to have them 50/50.
The 20 year old is not in school (flunked out January 2015). She works at a grocery store full time..apparently going back to school in September.
Personally I think it should go to court anyway..that way it's on paper.
So..my question is what expenses do a judge take into account (in Canada) when determining child support amounts?
Example..car payments, insurance, mortgage/rent?
We have a consolidation loan as well..until 2020...would this be taken into consideration as living expenses?
Are we allowed to keep our cells?
In our budget we would present to the judge there is no extra for any cloths, medical expenses, or casual spending. Our weekly living amount would be $178.00..this is for gas, food, household and medical expenses..plus any expenses that come up (example is winter tires we have to get). There is no amount for birthdays or Christmas..only what we save out of the weekly amount..or earn through recycling or any odd jobs we can pick up.
I would just like to hear other stories of people in similar situations and what happened. Maybe offer some tips?
Here too..but there is a
Here too..but there is a hardship clause. Which means that we can submit our income and expenses and have a ruling as to whether we qualify for a lower payment. I was wondering if anyone had experience with how that works
Everything was decided
Everything was decided between DH and BM outside of court..no lawyers. We are paying a reduced amount of child support..less than the table...agreed upon by BM for the past couple of years due our financial circumstances.
Now apparently she wants more money. She thinks that we should be paying for SD20 because she is still living at home and is planning on going back to school.
I'm looking for people who has had similar financial hardship in paying support and how they handled it. Right now, if we have to pay more we lose something...car, house, bankruptcy I have no idea. There is no more money.
Some provinces are different
Some provinces are different but where I am, Alberta, you have to follow the chart.
The courts frown on making a deal outside the divorce because abusive men have threaten to cause harm if the Mom goes to court for CS.
CS isn't based on how much the costodial parent makes but section 7 items are. Section 7 items are things like sports costs, dance, music, swimming lessons, the extras. Those are usually split based on the parents income, with the higher wage earner paying a higher percentage.
ExH is a mechanic and tried to say he didn't make even $10K a year, he tried to hide his income in a company. The judge told him he was under employed and should be making $70K - $80K and that's what he was going to base CS on.
Section 7 items were split 70/30, with him paying 70% but we agreed that I would do all the volunteering and he would pay 100%. Volunteering was a must and he refused to work a bingo or casino so I did about 8 a year. We split equipment 50/50
We are still arguing about payment for Uni. My youngest is about to start his 4th year and exH still owes me for his first 3 years.
Legally he has to pay for half of it. I know many on here hate that the government forces a parent to pay for post secondary but that's how it is here.
Hi, is post secondary not
Hi, is post secondary not included in the child support guideline amount? I'm from Ontario and thought it was all part of 'school' which is factored into the guideline amount.
Yes, I think it is. ExH is
Yes, I think it is.
ExH is still paying me CS but isn't paying for tuition.
I give the CS to my son for rent/food/expenses but I'm covering all tuition and travel costs.
I think we'll have to go back to court for me to get the tuition.
I'm from Canada (Ontario) and
I'm from Canada (Ontario) and the child who is 20 and no longer going to school will no longer be included for support. Unless the child goes to school, and only until age 25 does your hubby have to pay support for. He's likely paying more than he should anyway.
The court will not take into account any payments you and hubby or hubby has alone. Child support is based on the previous years Notice of Assessment amount and the number of children. There is a chart and it is followed. I don't agree. Right now I pay the lion share of the bills/mtg because my hubby pays his ex for 3 kids and he can't pay more to our household. It's not fair but it's how it is.
The fees he pays to have the 15 year old on his insurance should also be taken into account...he also shouldn't include the 20 year old anymore..depends on his insurance..they may kick the 20 year old off when he/she turns 21.
I say go to court, plus then he can petition for 50/50 access for the 15 year old. If he is successful with 50/50, he may not have to pay child support at all especially wit her making more.
You can claim bankruptcy and still keep your house, it's called a consumer proposal..it may work in your favour.
My ex says he makes less than he does, refuses to provide the Notice of Assessment yearly but I have no money to take him to court. He filed bankruptcy and has legal aid so he loses no money if he takes me to court...I represent myself. The judge usually does things by the book so I'm not losing out without having a lawyer. We go through FRO because his cheques were bouncing. My 20 year old took a year off school but my ex continued to pay. She's going back this Sept but I believe he only has to pay until age 25 and only if the child actively attends school. They can't just go a day here a day there and call it going to school. If the child does that, you can petition to have the child support stopped since they're not truly going to school to better themselves.
Good luck. Look into legal aid yourselves. Might be helpful.
I love it..."only 25."
I love it..."only 25." These laws are absolutely ridiculous! At 25 I was a self supporting ADULT. Divorced and a true single parent.