| Child support questions...
Posted: 8/31/2005 12:52:31 PM | Hi there everyone,
I was married for 10 yrs, and have 2 beautiful children. We've been seperated for a year now, and he still does not pay support. Granted, I know his financial situation, and it hasn't been great over this year. I'm in Alberta, Canada...according the an article in the paper, for his income, he should be paying me $826 per MONTH! That just blows me away! Now I'm not saying getting that money wouldn't be nice...but I sure don't need that much! I can't imagine looking him in the face and telling him he HAS to pay me that. We are just now sorting out selling the house and getting our joint bills in order.
I went to legal aide today, and she suggested going for custody, access and maintenance orders. But I don't know if I can request a certain amount that I feel would be more suitable for everyone, or he HAS to pay the guideline amount....does anyone know???? | |
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| Child support questions...
Posted: 8/31/2005 1:05:22 PM | It is NOT a hardship for him to pay. I paid according to the guidelines.. Unless he is handicapped or has high health bills.
If he is NOT paying the bills for your kids, then he, could be a deadbeat dad.
My son pays about that amount...
Don't let him use the kids or property split as "levers" against you and especially your kids... But remember to use that money for the kids benefits! | |
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| Child support questions...
Posted: 8/31/2005 2:22:12 PM | Honestly, my mom bit the bullet and choked back so my dad would quit complaining when they got divorced eons ago...And she regrets it now...
Take the money, and whatever you don't use, you can always put into a savings account...We're in Alberta, and it's tough to get anywhere without post-secondary education...Why not use his money to help your kids out after their graduation?
As far as I know, he HAS to pay what the government has outlined - I've heard that a judge will not even let you try to argue it down...
What you can waive is the alimony in your divorce, so that he's only parting with the $826...
Maintenance is maintenance, and if anything, your kids are entitled to it...
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| Child support questions...
Posted: 8/31/2005 2:26:54 PM | | yeah, that's the hard part, that it's for the kids, how can I turn it down? I never thought of post secondary! | |
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| Child support questions...
Posted: 8/31/2005 4:10:27 PM | If you feel like it is too much and would be happy with less, I am sure your lawyer can draft up an agreement reflecting the agrees support amount. BUT I say have him court ordered to pay the maximum that can be ordered. If you decide to take less you can always just tell him to make the check for less. But you should probably have the protection of the order of the higher amount in case he does try to cheese out on paying any support. Protect you and your children first, then worry about him.
Oz | |
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| Child support questions...
Posted: 8/31/2005 4:29:26 PM | You can come to an agreement between the two of you. The downside is that if he ever falls behind on what you agreed upon, you can't go through child maintenance. The reason for this is that you didn't use their guidlines in the first place (pay-scale).
Personally, I would go for what your children are entitled to.
Also, you have the option of getting everything reviewed every year and can request his T-4's to prove his income. That way you could get more....or less. | |
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| Child support questions...
Posted: 8/31/2005 6:35:58 PM | | I hope he is in the same state so they can nail him. And I hope you crucify him. He had a hand in it to so to speak no pun intended | |
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| Child support questions...
Posted: 8/31/2005 7:26:42 PM | | The way it works in Quebec (not really sure about Alberta) is that the guidelines are set on a grid that calculates the amount to be paid using both of your incomes and how many days of the year your ex has the children... Usually this works out to be a reasonable amount for the payer... unless you go on welfare to skew the payments way in your favour.. (like my ex did)... ask the legal clinic at the law faculty of whichever university is closest to you, they should be able to tell you. | |
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| Child support questions...
Posted: 8/31/2005 8:16:28 PM | chele and every one else here is the link to the Federal Child Support Guidelines .. the Simplified tables does by provinces
http://canada.justice.gc.ca/en/ps/sup/grl/glp.html
I'm a legal assistant in Ontario if you want more info you can contact me .... i know the laws in Ontario each province is slightly different but pretty close and similar...I can try to help ... | |
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| Child support questions...
Posted: 8/31/2005 9:29:20 PM | You can suggest an amount but the judge can disagree and override it to stipulate guidelines. They made the tables for a reason and your ex can't get mad at you for something that's out of your control.
If you were to agree to shared custody, and he had the kids for at least 40% of the time, that would reduce support and then you'd also split the extra expenses based on incomes. | |
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| Child support questions...
Posted: 8/31/2005 10:33:01 PM | | California also has an equation they work off of. They enter your salary, your ex's salary, what benefits each parent is paying, and other factors. Then their computer stits out the amount and presto...your amount of support | |
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| Child support questions...
Posted: 9/1/2005 4:05:24 AM | fun and flurty
you split the extra ordinary expenses in any type of custody situation. Whether its sole, joint or shared. Child Support is for Clothing, Food and Shelter anything extra is considered Extra Ordinary Expenses, including child care, any medical things not covered under a plan, tutors if your child has a need for a tutor..etc... Extra Curricular Activities have to be worked into a Seperation Agreement as a special clause. If you are Seperated not divorced yet make sure to have the clause "this agreement will survive divorce" so you don't have to redo everything once you get divorced. Same if you are common law with someone you get a "co habitation agreement" then you have the clause that states this will remain in effect if you get married and becomes a "marriage contract" or prenup.
The Family courts here in Ontario have a section called FLIC Family Law Information Centers where you can go get free materials and there is someone there to answer any general questions. Also there is such a thing called Duty Counsel at family court, its a family law lawyer that is there working for Legal Aid for the day and they have times where you can go and ask legal advice. One the FLIC person here in Kingston is a Private Investigor/Ex police officer/Process Server. She's done work for my boss on the criminal side but very knowledgeable lady. So in every town/city where there is a family court they should have this FLIC section.
anyhow off to work i go here .. make lunches, drive the monsters to day camp then work lol | |
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| Child support questions...
Posted: 9/1/2005 10:14:02 AM | Ok. If the table amount he should be paying is $826, that means he's making almost $60,000/yr. Unless there are some extreme circumstances (he's had to quit working for medical reasons, etc.), then he's in no kind of hardship. If he's been paying off bills that were accrued during the marriage, that's commendable, but still no reason for him to short his children. That's something to be dealt with in the divorce agreement, not child support.
I make less than that, and I have my 3 boys for at least 4-1/2 days a week, sometimes more. I still end up paying child support, due to income differential.
I can do it. So can he. | |
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| Child support questions...
Posted: 9/1/2005 2:45:25 PM | | Same here jdoohan. I have my kids 50% of the time and many weeks I have them longer. Standard practice in Cali is that 50-50% washes out child support. However, due to income differential, I still end up paying child support. | |
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| Child support questions...
Posted: 9/1/2005 5:40:15 PM | | In Ontario it works out to one weeks pay before deductions, I have two children and have been paying that for the past 4 years......Rob | |
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| Child support questions...
Posted: 9/1/2005 10:03:43 PM | | yes you are correct Chantilly....I didn't make it clear enough in what I was trying to say :) | |
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| Child support questions...
Posted: 9/2/2005 4:17:31 AM | | Well you should look him in the face and say that.I am going through the same stuff right now i have 3 boys ages 21,14 and 10.My lawyer states he has to pay 746.00 monthly for the 2 younger children.I certainly had no problems telling him that.But the downside are these children who always seemto be stuck in the middle of it all ,yes he should pay his child support they are his children,you didnt get them on your own,so stay tuff and fight for those children we are their mouth's. Joss | |
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| Child support questions...
Posted: 9/2/2005 7:34:08 PM | I don't know about Alberta, but here in Manitoba, the spouse has to go by the guidelines.And the guidelines go by the income. And it doesn't matter if there is an agreement between the couple.
You should check into that to find out. Don't feel pity for him. You have the kids, and you are paying the bills. It is the kids that are going to suffer if you let him get away with giving whatever he feels like. Do it legally and take care of yourself and your kids. | |
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| Child support questions...
Posted: 12/12/2005 1:43:41 PM | Right now.. i'm fighting my ex for support..he was working a 10 dollar an hour job and he has to pay me 196.00 a month... and if he don't pay that they will garnish his wages at 50%, his enemployment insurance... and right now it is in the credit dept. I t goes by his income taxes and everything. Ya it goes to what he makes...and he has to tell whoever when he changes jobs to correct the amount owing. I haven't recieved any support either...and now he has back arrears owing... so i can't see why they do this.. just gets themselves in bigger trouble..and our kids don't deserve it either... Ask the legal aid for any type of information they have on child support guidlines.. it has alot of good info!....good luck. | |
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| Child support questions...
Posted: 1/26/2006 11:14:48 PM | Well, I pay $1100 child support (2 kids) and $1000 alimony per month. If I have to read one more thread about dead beat dads, I am gonna scream.
Bunch of selfish **stards, the only reason I pay without complaint is cause I know my children benefit from it. I think the alimony is complete bullshit, but the judge didnt think so. Some guys think that not paying it will make it go away. But it just accumulates and never goes away. | |
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| Child support questions...
Posted: 1/26/2006 11:37:37 PM | I would never pay less than what the court ordered me to do so in this situation. Even if the wife said I could pay less that would just come back to bite ya in the butt. The court doesnt have to pay attention to what she said, only what he was supposed to pay.
Besides, when you were married the money went to the family anyway so as long as the scales are fair I can't see it being a hardship. Especially not at 25%. I know guys here that are paying 25% on child support and 25% on alimony, which leaves them 50% left over and they aren't complaining. | |
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| Child support questions...
Posted: 1/29/2006 12:22:03 AM | myself living in alberta too... just to let you in on something that made sense for me when coming to an agreeable amount in child support: I was told by my laywer that the reasoning behind the federal guideline pay-scale is so that if a separation was to occur, the children are still being supported with the same financial obligations that they would have if their was no separation. In short: their way of living should not change because of the separation. Ex: if they are in lessons of some sort, or are used to eating more expensive low fat foods, or if they participate in costly recreation activities...these should all be continued or started if the finances had allowed it to be an option before the separation. Also please remember that life will always throw unexpected finances at you...do you want to have to fight for it in court again when you needed it yeterday? Put away what you don't need, after all your children deserve it, and their father needs to be held financially responsible. Don't let your kids grow up like I did, always wishing I had... | |
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Peep13
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Joined: 1/23/2006
Msg: 24 | |
| Child support questions...
Posted: 1/29/2006 9:05:20 AM | Since you were married, you need a lawyer. Legal Aid should have been able to tell you what exactly you are entitled to. There are child support guidelines according to his income to give you an exact amount. See website: http://www.albertacourts.ab.ca/familylaw/ . You can settle for another amount but I wouldn't suggest it. I've learned that niceness usually doesn't end up being fairness and you'll be the one getting shafted in the end. It is usually based on his income tax T4 from work. He should have been paying you all this time and you can go for back pay. As well you should be getting alimoney as well as splitting up finances regarding the house and joint bills. Why should you have to pay for it all? He is a parent too. Don't be so nice, just be fair. Children are expensive and you might regret it later. He is just as responsible in getting a better paying job to pay for his children.
http://canada.justice.gc.ca/en/ps/sup/grl/glpta.html | |
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| Child support questions...
Posted: 1/29/2006 11:54:03 AM | | My son's mom is supposed to be me, but she can't keep a job. She was ordered to pay $40 per week, and she can't even do that. It sickens me when friends of mine at work have to pay $180/week for one child; that's almost half of what he makes, and then my ex gets off so easify and she takes advantage of it. | |
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