The father of my children and I separated a year ago. He is a great father and I'm not interested in sole custody. I'm

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Customer: The father of my children and I separated a year ago. He is a great father and I'm not interested in sole custody. I'm looking for advice on how we file for joint custody. As of right now I receive the CTB and he's constantly asking for money. I would like to know if there's a way that benefit can be split in half as we have the kids basically 50/50. Also advice on how that works for things like the kids health cards and stuff.. who's address goes on the card etc.
JA: Do you agree about joint custody?
Customer: Yes
JA: Has a custody order been entered or modified?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just everything I put in the first message. Also he has 2 other children he pays support for, and a stepdaughter that lives with hin
Answered by Debra in 18 hours 3 years ago
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Debra
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Debra
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10+ years of experience
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Debra
10+ years of experience
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174668 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear that it sounds like you are in a bit of a difficult situation.

Are your incomes equal?

Customer
No our incomes are not equal. He makes over $50,000 a year. My last income tax report reported $12,000. My tips (as I'm a bartender) were not claimed. Ch
Customer
ris (my ex) and I both filed for bankruptcy seperately late last year, so our trustee did our taxes.
Customer
Debra, my name is Evie.
Customer
The situation could be alot worse. Chris and I are still very civil but because we agreed to joint custody we are both not sure what to do from here. He
Customer
doesn't think I should receive the entirety of the CTB because he has them half the time.
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Debra, Expert

Just because you each of the children half the time may mean that you each have equal right to the CTV but what I think you both may be missing is a he still has to pay you child support.

Just because you both have the children 50% of the time does not relieve him of the obligation to pay child support because his income is much higher than yours. So what you have to do is figure out what child support he should be paying you and from that subtract what child support you should be paying him both on your incomes and then he will most assuredly owe you money.

Can you can each share in the CTB entitlement but your portion will be greater than his because your income is so much lower.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
because my tips are not guaranteed income, it's hard to assume what I would be making? We can all assume I don't make $40,000 in tips a year to make o
Customer
ur incomes equal. Basically you're saying I can just keep the CTB and consider it his child support.I do have an additional question.. should we apply
Customer
for a joint custody motion? So it's on paper? Or because we have no custody order in place, is it just assumed we have joint custody?
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Debra, Expert

No. That's not what I'm saying.

I am saying that you should be paid child support based on both of your gross annual incomes and you should figure out what that is and it can be varied every year and that you both have some claim to the CTB.

You do not need an agreement with respect to custody but given that you are not being treated fairly in terms of child support it seems to me that you should have an agreement in place both with respect to custody and with respect to child support

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