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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101048
Experience:  Lawyer
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My ex-wife had sole custody of my 12 & 14 year old kids until

Customer Question

My ex-wife had sole custody of my 12 & 14 year old kids until recently. The 14 yr old has decided to move in with me full time & will be attending school in the community where I will am living.
I understand I will need to make application to vary custody agreement, I understand the term now used is "shared parenting time" or if it is full time is it still sole/primary custody.
I also understand I need to vary my child support payments, since I will have one of two kids living with me full time. How do I do this? Does each parent share 50% responsibility so each parent financially supports one child or do I continue to pay for the one remaining child? Ex -wife is also common law with someone else, I understand I am entitled to see her financials however does her current partners income count?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
You do not need to apply to vary the agreement unless your spouse does not agree with the changes. If she does not agree with the changes then you do need to bring an application to court to vary the agreement based on a material change in circumstances. The change is that the older child is now going to be living with you full time. The wording could say that you both have joint custody with respect to decision making, or shared parenting with respect to decision making and that one child lives primarily with the mother and the other lives primary with you. With respect to support the way it works is that you figure out what you would pay for one child based on your gross annual income and figure out what your former spouse would pay for one child based on her gross annual income (her new partner's income does not count) and the one with the higher pays the parent with the lower income the difference.