I have to move do to my job. We had joint custody. Now I asked to have her every other weekend holidays etc. He makes

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Customer: I have to move do to my job. We had joint custody. Now I asked to have her every other weekend holidays etc. He makes 89604 a year and I made 39864 he wants me to pay child support from federal guide lines of 356.78 I can’t afford this
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family law varies by province. What province are you in?
Customer: ontario
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Debra in 46 mins 2 years ago
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Debra
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Customer
I have to move do to my job. We had joint custody. Now I asked to have her every other weekend holidays etc. He makes 89604 a year and I made 39864 he wants me to pay child support from federal guide lines of 356.78 I can’t afford this
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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 of this difficult situation.

Do you have a partner you live with?

Do you support other children?

Did you take on a lot of the family debt?

Customer
Our divorce was about 10 years ago we had two children one is going to be 19 at end of month. He paid me child support. No it's just me
Customer
Our daughter is now 15
Customer
I remarried and so with him. But now I'm also going thru a 2 year divorce to an abusive alcoholic I just also want to restart my life
Customer
I'm 38 years old
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Debra, Expert

So where does the 19 year old and is he going to school full-time in September>

And you are saying the 15 year old lives with the dad, correct?

Customer
he's going off to college
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Debra, Expert

So will he live with the dad when not at school?

Customer
We have joint custody weds to Wednesday
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Debra, Expert

And he will live at school during the school year?

Customer
No he and his girlfriend will be getting a place of there own when covid and school starts back so yes I guess he will be there until then
Customer
Their*
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Debra, Expert

I don't see any clear grounds for a court saying that you can pay less than the table amount.

The table amount is based on your income and it's very low for that reason. The drafters of the guidelines took into account what your income is and you have the child even less than was generally contemplated in the sense that more traditional custodial arrangement is every other weekend and then one night a week.

You would have to apply for an order allowing you to pay less based on undue hardship and when that happens the courts look at both of your standards of living so unless he has a spouse that has a a high income I don't see you succeeding. His income is not that high and he has the child 86% of the time if you have the child for 2 out of 14 nights.

Do you see what i mean?

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
Ok so what should I do
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Debra, Expert

Really, I think you should pay what the guidelines say. As I've explained I doubt you will be able to pay less unless the father has a spouse that has high income.

Customer
She's a pharmacist assistant
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Debra, Expert

That is not going to be high income.

Do they also have kids?

Customer
She does
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Debra, Expert

How many?

Customer
2
Customer
One full time with her and the other joint
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Debra, Expert

I don't see that you will succeed on a claim for undue hardship. I am could be wrong but you have my honest answer.

Customer
Ok thank you
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Debra, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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