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10/2/2008
VerifiedThe child support guide table amounts are not flexible if the child lives with a parent for over 60% of the time. If that child is an adult child of the marriage or if the child lives more that 40% with the payor the guidelines are no longer the absolute rule.
You should understand that what she's done by unilaterally altering the residency arrangement is absolutely unacceptable. If there had been a Court order she can now be charged with contempt. The Court will look at her actions most unfavourably as she clearly could not have had the best interests of your child in mind when she acted.
And, the fairer way for you to figure out what you should be paying with respect to support, is to look at what she would have to pay you based on her income and then subtract it from what you would have to pay her - based on the table amount. That's what you should be paying if you each have the child half the time.
If you can afford a lawyer you should retain one. Otherwise, ask for the help of duty counsel at the Court.
I hope that helps.
Please click accept so that I can receive credit for providing you with this information.
You should understand that what she's done by unilaterally altering the residency arrangement is absolutely unacceptable. If there had been a Court order she can now be charged with contempt. The Court will look at her actions most unfavourably as she clearly could not have had the best interests of your child in mind when she acted.
And, the fairer way for you to figure out what you should be paying with respect to support, is to look at what she would have to pay you based on her income and then subtract it from what you would have to pay her - based on the table amount. That's what you should be paying if you each have the child half the time.
If you can afford a lawyer you should retain one. Otherwise, ask for the help of duty counsel at the Court.
I hope that helps.
Please click accept so that I can receive credit for providing you with this information.
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