- November 27, 2023
- Posted by: legaleseblogger
- Category: Related News
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Seeking Legal Advice for Co-Parenting Situation, Particularly Child Support and Custody Arrangements
As I navigate the complex world of family law, I find myself in need of some guidance and answers to a few questions regarding my current co-parenting situation. For years, I have been co-parenting without a legal agreement, mainly due to financial constraints and a desire to avoid conflict. However, now that I am in a better financial position, I am seeking to obtain legal guidance to solidify our arrangement and ensure that my rights and the well-being of my child are protected.
Currently, my child’s father has been taking her every other weekend, while I handle the majority of parenting responsibilities and costs. While I am content with this arrangement, I feel the need to formalize our agreement to provide added security and structure. Additionally, I am concerned about the disparity in financial contributions, as the father pays only $100 every two weeks despite earning significantly more than I do.
As I prepare to seek legal counsel, I have a few specific questions and anxieties about the process. Firstly, I am concerned about the possibility of the father pursuing a 50/50 custody arrangement in an attempt to avoid paying child support. While I believe this is unlikely given his current preferences, I want to be prepared for any potential outcomes. Additionally, I am curious about how our existing informal child support arrangement will be taken into account when determining the formal amount.
Furthermore, I am apprehensive about the prospect of having to go to court if we are unable to reach an agreement through our respective lawyers. I am uncertain about what this process entails and what it would look like if we were to proceed down this path.
In light of these concerns and uncertainties, I am seeking input and guidance from anyone knowledgeable in family law or with relevant experience in similar situations.
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1 – with 50/50 custody, both parents pay child support based on the table, thus the higher earner pays more (how it is supposed to be anyways, often parents just agree that the higher earner pays the difference)
2 – child support isn’t negotiable. Through court it is quite possible, if not likely, your ex would have to pay arrears for the past. While the amount will be based on his previous years tax returns, I can virtually guarantee $100 every 2 weeks will be far below what he should of been paying based on your current custody arrangement of your child being with your ex only every other weekend. Talking in the $10s of $1000s based on you saying he makes 120 vs your 60
3 – for reference, 50/50 isn’t 50/50. It is actually considered 50/50 with a 60/40 parenting time split
4 – courts will generally want to go to a 50/50 custody should all align with the child’s best interests as it is generally considered to be the arrangement that is the best for the child (children need both parents in their lives). So if he does go for that in court, you will need to be prepared as to why it is better for the child to be mainly with you. The fact that has been the arrangement thus far will work in your favor. Regardless, if he earns more he will still need ti pay some support, and even on that arrangement I am going to say it will likely be more than $100 every 2 weeks (I am speculating, it is based in income on tax returns)
5 – I can’t speak to all provinces, but BC has really simplified family court to the point where you really don’t even need a lawyer, but I get it if you feel that is too intimidating. Be forewarned that family lawyers are not cheap. There will be low income options available but at $60k a year, I am not sure you would qualify.
Source – single dad who has been through it (kiddo mostly with me)