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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100945
Experience:  Lawyer
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I currently have a one week one week agreement with my ex spouse

Customer Question

I currently have a one week one week agreement with my ex spouse for our two boys. Our 17 year old has decided he no longer wants to come to my house cause he does not want to have to follow any rules and be free like he is at my ex spouse's house. SO how does child support work now. My 12 year old will still be doing the one week one week. Can my spouse let him stay with her. We do not have any legal papers. when we split we did everything amicably
JA: OK. The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?
Customer: We have never paid child support to one another since we have always split all cost in half. But with one son now wanting to stay with is mom I am expecting her to tell me she wants support
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
What province do you live in please? What are your gross annual incomes?
Customer: replied 1 year ago.
Quebec, Last year my T-4 shows 33 000.00$ and I she makes between 45 000.00$ and 50 000.00$. However, I have changed position and my salary for 2015 should be around 50 000.00
Expert:  Debra replied 1 year ago.
When your income was lower than hers she should have been paying you child support. It is only when your income is the same and there is 50/50 sharing that no support is paid. The way this will work now is that you will figure out what she has to pay you for one child based on her income and you will figure out what you have to pay her for two children based on your income and the difference is what support you will have to pay. By way of example, assuming you are both earning $50,000:$723 - $447 =$276. So that is what you would pay a month.To work out different amounts based on different income as we don't know exactly what she is earning (and from now on you will both have to make disclosure to each other annually) you can use this online calculator: Just so you know, if she was earning $50,000 and you were earning $33,000 and you each had the kids have the time she should have been paying you $215 a month.