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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101436
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Been divorced 15 yrs, 2 kids, now 21 and 17. First 5 yrs of

Customer Question

Been divorced 15 yrs, 2 kids, now 21 and 17. First 5 yrs of divorce we were joint custody, week at my house, week at her house, last 10 yrs she's had sole custody and every second weekend at my house. The last time we were in court to set child support was 15 yrs ago. Ever since, I've paid, without missing, every second week for 15 yrs. Now, I got into a trade, as I went through the apprenticship and came out of school each time, I got a raise right away, so I used the child support guidlines on the computer and calculated what I'd have to pay and gave her a raise right away too. I didn't wait until the end of the year to figure this stuff out. Question I have is sort of a together question with two things. A) When calculating what I paid her, because she had sole custody and they only came over every second weekend, the way to calculate the amount paid that I used was just follow the income on the charts until I found what I made and paid that amount for 2 kids. Was that right? or was I supposed to subtract her income from mine and then pay that amount on the charts. B) She lived with and had a baby with another guy for 10yrs of these 15. He had day to day care and helped raised these kids as well. He was involved in discipline, education decisions, feeding, clothing, etc, etc. -day to day care of my kids for 10 yrs, plus near the end of their relationship, his own child with her as well. Since my ex was deriving a direct benefit of housing, food, power, gas, water, etc on a daily basis for 10 yrs and he was involved in decisions with my kids with her, should he not have been included in the calculation of what I paid her for child support? I'm on my own, struggling to pay the bills and pay her $700/mth, going further and further into debt every day and she's had a free ride with another guy for 10 yrs. They broke up a few years ago, she's been single for a few years, maybe 3 or 4 on her own, met another guy and got married to him last summer. I think I've been way too nice, gave her a raise immediately as I got them, and as well the older child left home at 16, so for the last 5 yrs I've paid the $700/mth for one child, based on a $80,000 income. Basically all I want to know is should I go and see a lawyer to find out if I've overpaid her over the last 15 yrs and if so is there any way to get money back from her, or is that totally unheard of?
Submitted: 1 year ago.
Category: Canada Family Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
also important information, we live in Alberta
Expert:  Legal Ease replied 1 year ago.

Are you asking about basic child support or about extraordinary expenses?

Customer: replied 1 year ago.
basic.
Expert:  Legal Ease replied 1 year ago.

Because your children are with her for over 60% of the time her income does not matter for child support purposes. Only your income does. The tables under the federal child support guidelines are for situations where a child lives with one parent for at least 60% of the time. In that case the full table amount applies.

It is only where there is shared custody that the table amount does not apply and both parents' incomes are considered.

At no time is a spouse's income considered unless the payer is making an application for undue hardship.

Let me know if you need any further clarification.