If my ex wife and I have joint shared custody (within the 40/60 window) will I have to pay the full rate as which the table suggests? I make about double what she makes, will this be a factor? We have also been reared now for approx 3 years. Does spousal support still come into play? Thank you
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Answer: I need to know if you have 40% or more time with the children. You say “within the 40/60 window.” If you have the children not less than 40% you have the right to make the argument that you should pay less than the Child Support Guidelines. This is not a guarantee that you would win. I would need to ask you questions about your exact factual circumstances before I could provide you with such an opinion.
The discrepancy in your incomes is a factor. However, there are many other relevant factors, and again I need to speak with you.
In terms of spousal support, there are Spousal Support Advisory Guidelines. They are not mandatory like the Child Support Guidelines, however they are widely used. Once again, spousal support depends on the facts of a case. Factors such as the household incomes, age of the parties, number of children and their ages, length of the relationship, etc. must be known before an assessment of a spousal support claim can be made. You are very welcome to call me at: (877) 668-9386 for a free consultation.
(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).