Debra" By law, a single Mom, two kids, boy 17, daughter 20. Parents divorced, court agreement 50/50 custody. Daughter

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By law, a single Mom, two kids, boy 17, daughter 20. Parents divorced, court agreement 50/50 custody. Daughter moved out, son living with dad full time since March. Ex cut off all support payments. Mom cannot afford her 3 bedroom place has to move. Mother works at hospital, continues to pay son expenses although with his dad. He has visited her recently. Does ex have right to cut her child support? Does she have rights? Thank you
Answered by Debra in 16 mins 2 years ago
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Debra
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Debra
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Debra
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166164 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

Because the daughter moved out and she is an adult child support is not paid for the daughter.

The son is only 17 so support must be paid for him. If he lives with the father for over 60% of the time not only are you not entitlement to receive child support but you are legally obligated to pay support to the father.

You don't keep paying his expenses aside from contributing to his extraordinary, section 7 expenses.

If you were getting spousal support it could go up if you seek to vary it as this is a material change of circumstance.

I am sorry this is not what you were hoping to hear.

Customer
Hello Debra. I wasn't aware you would be online Saturday. I did get your response however the second reply is nowhere to be found. That is, the entire response. Bizarre. I had asked what support needed to be paid to the father. And I wasn't sure what section 7 expenses are exactly, examples. And is spousal support not doable after a certain amount of time if it wasn't established in the beginning of the separation and how that works since there is a divorce now.
I did get a portion of your reply, about a calculator for the percentage or amount the father is to be paid. Thank you.
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Debra, Expert

I am always online. This is the answer I answered here but there was another post and it must be on another account.

Here is an online support calculator:

https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.asp

Section 7s are dental expenses, orthodontic expenses, more expensive extra curriculars, and then will be post secondary school expenses.

Customer
Thank you for clarifying the cell phone as a luxury expense. The bound was a typo. I had actually meant to type boy. But you explained that the mother would not be getting anymore child support (boy spends more than 60% with dad) payments from dad. Correct? And mother would actually be paying the father money. The support calculator determining this amount.
And no spousal support is attainable now since there is a divorce? Is there a timeline when you cannot get spousal support? Thank you
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Debra, Expert

Please rate this post now and then start a new post to discuss spousal support.

It is very complicated and I will happily help over the course of this day but may be interrupted soon.

Customer
34;If one parent has the child at least 60% of the time then the other parent pays full support based on the guidelines and the number is ***** out in that calculator.
If there is a 50/50 arrangement you work out what each parent would pay if the other parent had the child over 60% of the time and the parent with the higher income pays the one with the lower income the difference."So you're saying if the father has the boy for at least 60% of the time the mother pays full support based on guidelines and numbers calculated?There was legal arrangement by the court on a 50/50 split of time the kids would spend with the parents. Can the father just abolish this agreement without the court consent and not have to report the boy staying the extent of time he does.
That being said, there was originally a 50/50 arrangement and the father has the child 60% of the time. The father definitely has the higher income so the mother with the lower income is paid the difference. Correct?
Customer
Good morning Debra, First I wanted to thank you for your help with regards ***** ***** employer. I have good news especially when it pertains to my health vs work. I was delivered another letter from my employer this morning and my manager has finally acknowledged the medical note from my doctor and my reasons for being away during the pandemic. They did take in to account the legislation and CLC because my manager also noted he requires an update by October 1st if I am returning to work. No other updates required until then unlike the two previous letters my manager sent me about updates, and FAF requirements, doctor note, and ignoring the legislation etc...I am relieved my employer has finally realized my need to be away. What stress relief for now.
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Debra, Expert

Oh that is so great!

I am thrilled for you.

Customer
Thank you Debra! You were right to include the legislation about emergency leave during COVID. The letter today was very brief. I'm sure my Manager passed my email response around and realized he crossed the line in terms of my rights. It is a win when an employee isn't bullied around especially under medical circumstances. The September 30th legislation was taking in to account by my Manager and no further update from me is required until then. Thank you again Debra!
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Debra, Expert

Anytime.

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