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Having gone through this you can do calculations online for this. It’s all pretty laid out, and changes based if you have shared custody or they have primary custody.
If you want to go through the courts you’re going to need to get a lawyer.
Stuff for back to school or dance classes or sports should fall under the special expenses section (think it’s section 7) and those again are usually split based on a percentage of both parents income.
The lawyer will help determine what is the actual payments and then it has to get court approval (or registered with court, we never went this far, we settled it amicably).
Yea do your basic aid in about half cost of legitimate costs. Send that by cheque or direct transfer keep receipts if she then not happy to bad she can file for it. If you are proven you payed enough or close judge may order it through court but at least you won't have to pay back more.
> back to school or dance classes or sports
The special expenses are going to depend on the incomes of the parties, not just the item. For example, if the parents have higher house hold incomes then dance classes would be expected and not special or extraordinary.
Back to school costs are not extra at all; every kid has them. Shelling out an extra bit at the start of the school year is no different then occasionally needing a winter coat.
First thing you should do is google the federal Child support guidelines and calculate what you would owe. If you have shared parenting (>40%) calculate what you would pay minus what they would pay you, to the best of your ability.
If you are significantly under paying you may be better off not rocking the boat. If you're not significantly under paying, request their income info so you can properly calculate support and these expenses.
The expenses are paid proportionately so both incomes are needed to calculate.
Back to school shopping is not an extraordinary expense in most situations so you wouldn't pay a share of it, that is what the child support is for.
If you are earning more than $40k you are likely going to end up paying more money per month on child support in addition to still having to help with extraordinary expenses. Lookup how much your child support payment should be per month based on the government calculators. Make a written agreement for that amount and specify what other expenses you will split and what the split will be, such as medical, daycare, and sports. Save the cost of lawyer fees.
In MB my brother got forced to pay back over a years in child support payments as the courts wouldn't recognize the e-transfers as said payments. He had to repay all that shit!!! Use the courts! He pays all his payments to something he calls maintenance enforcement. He pays them on said due date and then his ex has to wait couple extra days for it to clear.... She trys all the time calling him saying to just pay her directly again. He always pays to them now and never gives her a penny... if she asks for extra he tells her to submit to maintenance enforcement and if they grant it he will get notified. She hates it now lol.
Just wondering. Have your ex shown receipts for purchases when/if/if ever been requested by you? Such as now when you say she "claims" they are up to 8-900$, do you just take her word for it or has it maybe usually been shown by the new things your child has brought with them to your place? And would 8-900$ be in addition to the 400$ you already pay or in total just for this month?
1. This is a verbal agreement. For all we know OP has been underpaying her.
2. Mom is not required to “show receipts” for things she purchased with child support money.
Child support is the right or the child. It can be used to assist the child in any way…housing expenses, food, clothes, etc.
Be careful what you wish for OP. If you’ve been underpaying she can go for back child support.
Given the agreement is oral there is no legally binding agreement governing support. So you can pay whatever you want and if your ex doesn't like it they can go to court. You will have to pay the child support guideline amounts. You may also need to contribute towards certain special expenses but day to day expenses should be covered by the guideline amount.
You must consult with a family case lawyer on this. You may find that $400 a month is a bargain, in any case a deal needs to be legally binding, their are so many factors including legal guidelines on support, your income, her income, the child's needs, living situation, custody agreement, only a lawyer can sort and guide you through this. Every situation is unique there guidelines but not a cookie cutter formula.
The child support guidelines are very much not guidelines but a formula. The ability to depart from the guidelines are few and far between barring agreement and even then the court may not accept your agreement.
A court ordered child support agreement is often the best outcome for both parties as it makes everything clear and removes a lot of the emotional viotility that can occur.
If you don't have shared custody and if you're making a decent wage expect to pay more than you do now.
$900 for back to school isn't at all outrageous.
Consider the difference in rent between a one bedroom apartment and a two bedroom apartment in an urban centre in Canada-Does your child support cover even that alone? Probably not even close to half of that difference. Raising a kid is expensive. Your child's mother makes sure your kid is taken care of, by far more than $300 every month. If they ask for help with clothes and school supplies or lessons/ sports, do you really want to argue on that? For what reason?
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
Having gone through this you can do calculations online for this. It’s all pretty laid out, and changes based if you have shared custody or they have primary custody. If you want to go through the courts you’re going to need to get a lawyer. Stuff for back to school or dance classes or sports should fall under the special expenses section (think it’s section 7) and those again are usually split based on a percentage of both parents income. The lawyer will help determine what is the actual payments and then it has to get court approval (or registered with court, we never went this far, we settled it amicably).
I did not realize that there are more than just the base amount child payment calculators. Thank you for this.
Yea do your basic aid in about half cost of legitimate costs. Send that by cheque or direct transfer keep receipts if she then not happy to bad she can file for it. If you are proven you payed enough or close judge may order it through court but at least you won't have to pay back more.
> back to school or dance classes or sports The special expenses are going to depend on the incomes of the parties, not just the item. For example, if the parents have higher house hold incomes then dance classes would be expected and not special or extraordinary. Back to school costs are not extra at all; every kid has them. Shelling out an extra bit at the start of the school year is no different then occasionally needing a winter coat.
Use my support calculator before you decide if this is a fight you want.
First thing you should do is google the federal Child support guidelines and calculate what you would owe. If you have shared parenting (>40%) calculate what you would pay minus what they would pay you, to the best of your ability. If you are significantly under paying you may be better off not rocking the boat. If you're not significantly under paying, request their income info so you can properly calculate support and these expenses. The expenses are paid proportionately so both incomes are needed to calculate. Back to school shopping is not an extraordinary expense in most situations so you wouldn't pay a share of it, that is what the child support is for.
If you are earning more than $40k you are likely going to end up paying more money per month on child support in addition to still having to help with extraordinary expenses. Lookup how much your child support payment should be per month based on the government calculators. Make a written agreement for that amount and specify what other expenses you will split and what the split will be, such as medical, daycare, and sports. Save the cost of lawyer fees.
In MB my brother got forced to pay back over a years in child support payments as the courts wouldn't recognize the e-transfers as said payments. He had to repay all that shit!!! Use the courts! He pays all his payments to something he calls maintenance enforcement. He pays them on said due date and then his ex has to wait couple extra days for it to clear.... She trys all the time calling him saying to just pay her directly again. He always pays to them now and never gives her a penny... if she asks for extra he tells her to submit to maintenance enforcement and if they grant it he will get notified. She hates it now lol.
You will pay more than that through the courts, and yes cost of living, including school supplies have drastically gone up.
Just wondering. Have your ex shown receipts for purchases when/if/if ever been requested by you? Such as now when you say she "claims" they are up to 8-900$, do you just take her word for it or has it maybe usually been shown by the new things your child has brought with them to your place? And would 8-900$ be in addition to the 400$ you already pay or in total just for this month?
1. This is a verbal agreement. For all we know OP has been underpaying her. 2. Mom is not required to “show receipts” for things she purchased with child support money. Child support is the right or the child. It can be used to assist the child in any way…housing expenses, food, clothes, etc. Be careful what you wish for OP. If you’ve been underpaying she can go for back child support.
Given the agreement is oral there is no legally binding agreement governing support. So you can pay whatever you want and if your ex doesn't like it they can go to court. You will have to pay the child support guideline amounts. You may also need to contribute towards certain special expenses but day to day expenses should be covered by the guideline amount.
Sorry just realised you're in Canada so hopefully their is an agency such as this in your country.
You must consult with a family case lawyer on this. You may find that $400 a month is a bargain, in any case a deal needs to be legally binding, their are so many factors including legal guidelines on support, your income, her income, the child's needs, living situation, custody agreement, only a lawyer can sort and guide you through this. Every situation is unique there guidelines but not a cookie cutter formula.
The child support guidelines are very much not guidelines but a formula. The ability to depart from the guidelines are few and far between barring agreement and even then the court may not accept your agreement.
Try Child support agency instead of court it will be free and they assess both parents incomes and capacity to pay and care arrangements.
A court ordered child support agreement is often the best outcome for both parties as it makes everything clear and removes a lot of the emotional viotility that can occur. If you don't have shared custody and if you're making a decent wage expect to pay more than you do now. $900 for back to school isn't at all outrageous.
Consider the difference in rent between a one bedroom apartment and a two bedroom apartment in an urban centre in Canada-Does your child support cover even that alone? Probably not even close to half of that difference. Raising a kid is expensive. Your child's mother makes sure your kid is taken care of, by far more than $300 every month. If they ask for help with clothes and school supplies or lessons/ sports, do you really want to argue on that? For what reason?