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Down but not out Deborah

Anonymous Asked:

My husband left me & my 2 boys on Sept 1 of this year. He cancelled the lease on our rental home leaving me to find another place for us to live. He has contributed zero support for my kids or myself ( I was a stay at home mom & now make 15.00 p/hr)
I filed separation papers with the court & he was served yesterday. He is now saying he is not required to pay support as he is asking for shared custody arrangement.
I think his motives are purely monetary & an attempt to screw us over, again. Will the court grant this to him automatically ? How is it decided upon?

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A Family Lawyer
11 years ago

Child support is calculated differently in a situation of shared custody. The initial starting point is the Table amounts which each parent would be required to pay, but then there are other considerations such as increased costs of shared custody, and conditions, means, needs and circumstances, in respect of the shared custody situation. Its best to contact a lawyer for a consultation to discuss what the court would and would not grant, and how the child support issue could possibly be determined in your situation. The court will take into consideration the gross annual incomes or most current income information, and having regard to the Tables which set out monthly amounts of child support to be paid. The child support is owing from the date of separation, and if not paid will be treated as retroactive amounts.

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