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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101441
Experience:  Lawyer
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We are in the middle of trying to amend an existing separation

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We are in the middle of trying to amend an existing separation agreement - where custody will change to be borderline 60% with me(the month), and 40% with their father. HE is refusing to agree to pay child support. Can I drop this matter for now, in order to sign off on everything else, and then go back and ask for Child Support at a later date - say in one year?
Thank you for your question.

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That would not be prudent.

It may not be hard to get child support later on as it's the right of the child.

But if he takes the position that he was essentially induced to settle based on the fact that he would not be paying child support he may be able to have the agreement dealing with other issues set aside.

So I suggest that you do not settle this way. It is very risky.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

I am not getting a response to my reply. Did you see them?

I don't see any reply to my answer aside from your message asking if I saw your replies so please try again.
Customer: replied 4 years ago.

His original court application asked for 3 weekends in 4, Fri, Sat, Sun nights and one Wed night, per month, and have the school holidays - of which there are 16 weeks. This equates to roughly 40%. His application mentions nothing about child support, so I were to just accept it as it is, can I not reintroduce child support later, for my children?

Yes you can.

It may work.

If this is only about time and not money it may not be as hard to seek support later on.
Customer: replied 4 years ago.

Thank you - and one more question. Will a judge actually count the nights when determining 40% for the father? Or will the judge see primary residence during term time, ie school terms with mom, and half holidays with dad as good enough to be 40%?

If it is close the court will count days and nights.
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Thanks and take good care!