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SoConfused71 · May 3, 2010, 11:41 AM

I live in Toronto, Canada and am wondering what is included in the "guideline" child support amount? My ex-husband currently pays $600.00 a month for our 2.5 year old daughter. Her daycare costs are $900.00 a month. He refuses to pay a penny over $600.00 stating that he covers $450.00 towards daycare which leaves $150.00 towards her "expenses". Are daycare costs included in the guidline amount? I would hate to have to go to court to get an Order for guideline support + daycare share but I have a feeling it's going to come to that.

this8384 · May 3, 2010, 11:47 AM

Originally Posted by SoConfused71

I live in Toronto, Canada and am wondering what is included in the "guideline" child support amount? My ex-husband currently pays $600.00 a month for our 2.5 year old daughter. Her daycare costs are $900.00 a month. He refuses to pay a penny over $600.00 stating that he covers $450.00 towards daycare which leaves $150.00 towards her "expenses". Are daycare costs included in the guidline amount? I would hate to have to go to court to get an Order for guideline support + daycare share but I have a feeling it's going to come to that.

What does your support order state? How long ago was the order entered?

SoConfused71 · May 3, 2010, 12:05 PM

We actually don't have an order. He said he would pay $600.00 and that was the end of it. He has made it very clear that if I pursue the issue and take it to Court he will take my car (I had it 1/2 paid off and he paid the balance when I became pregnant and then forced me to put it into his name only though the car has always been in my possession). If I require money for additional expenses he is normally agreeable to giving it to me but will NOT pay me more than $600.00 on a monthly basis. I want things to stay amicable and friendly for our daughters sake. He only sees her on Sunday's for 7 hours and she is with me the rest of the time.

this8384 · May 3, 2010, 12:11 PM

Originally Posted by SoConfused71

We actually don't have an order. He said he would pay $600.00 and that was the end of it. He has made it very clear that if I persue the issue and take it to Court he will take my car (I had it 1/2 paid off and he paid the balance when I became pregnant and then forced me to put it into his name only though the car has always been in my possession). If I require money for additional expenses he is normally agreeable to giving it to me but will NOT pay me more than $600.00 on a monthly basis. I want things to stay amicable and friendly for our daughters sake. He only sees her on Sunday's for 7 hours and she is with me the rest of the time.

First, he cannot take your car. If he chose to pay half of it, that was his decision. He can sue you for half the value of the vehicle, but then he'll have to sign off on the title.

Second, you need a support order. If you do not get one, there's nothing preventing him from running off and never sending you another dime.

When you're in court, make sure you have documentation of the daycare costs so that it can be addressed at the same time as support.

SoConfused71 · May 3, 2010, 12:17 PM

I'm guessing Court is the only option which is unfortunate. Many thanks for your feedback

this8384 · May 3, 2010, 12:27 PM

Originally Posted by SoConfused71

I'm guessing Court is the only option which is unfortunate. Many thanks for your feedback

Unfortunately, sometimes that's the only way to handle it. Let us know how it all works out!

cdad · May 3, 2010, 01:15 PM

Originally Posted by this8384

First, he cannot take your car. If he chose to pay half of it, that was his decision. He can sue you for half the value of the vehicle, but then he'll have to sign off on the title.

I can not agree with this part. If the car is titled in HIS name only then he can take it anytime he likes. If she wants it back she would have to fight him in court but if nothing is in writing then the jist of it is she sold him the car for the balance and she is still getting the use of it. But in no way at this time without being on the title does she own the car at all.

SoConfused71 · May 3, 2010, 01:17 PM

The car is in his name only. Even though I had even half of it paid off he refuses to put it in both names. I wanted to give the car back/sell it, he said "no way" we would need 2 cars. I had a feeling this was going to happen.

this8384 · May 3, 2010, 01:40 PM

My apologies - I somehow misread and thought the vehicle was jointly titled.

Yes, if it is in his name only then it is legally his vehicle, not yours. However, if he does take it then you might be able to sue him for the money you invested into it. Did you have anything in writing regarding who would keep the vehicle?

SoConfused71 · May 3, 2010, 03:03 PM

No, we have nothing in writing on anything. Everything was very amicable. The car has always been mine he has maybe driven it a handful of times. No question I need to get an Order now that he is refusing to even pay guideline support let alone daycare and support. It's very unfortunate and very sad it has come to this.

Fr_Chuck · May 3, 2010, 04:08 PM

Not very amicable, he told you what he would do "period" and you followed and agreed without a problem.

So there is so many errors,

1. you have to get a court order for child support and that order will tell what he has to pay according to law and his income

this8384 · May 3, 2010, 07:52 PM

I'm re-reading some of this and now the gears in my head are spinning. You said he's your exhusband - how did you get a divorce without having to deal with child support and custody issues? When was the vehicle in question purchased - before, during or after the marriage?

SoConfused71 · May 4, 2010, 05:20 AM

HI there - we were actually common law. The car was purchased by me before we started living together. When I left I asked for nothing. He has a house worth $500,000 that is paid off, the same amount in GIC's and RRSP's etc. I left with me, the baby and our personal items. That was it. He had the home etc prior to us having the baby so I would never take 1/2 of something that I didn't fairly pay into .

this8384 · May 4, 2010, 06:24 AM

Originally Posted by SoConfused71

HI there - we were actually common law. The car was purchased by me before we started living together. When I left I asked for nothing. He has a house worth $500,000 that is paid off, the same amount in GIC's and RRSP's etc. I left with me, the baby and our personal items. That was it. He had the home etc prior to us having the baby so I would never take 1/2 of something that I didn't fairly pay into .

This is what I've found regarding common law and/or marriage in Canada
How Property Is Divided When Common Law Spouses Separate | Family Law Articles

According to what's written there, you would definitely have some claim to the vehicle. You may have to pay him for what he invested in it, or he could do the same for you - but you'll need proof that you are the one who made the payments on the vehicle.

I find it admirable that you're not just trying to take him for everything he's got. On the other hand, he needs to do the same and stop taking advantage of the situation - he could at least kick it up another $50 a month, for pete's sake.

SoConfused71 · May 4, 2010, 06:28 AM

Thank you for the link. I'm just trying to be fair and keep things amicable for our daughters sake. Taking 1/2 the house and 1/2 his investments that he acquired over 30+years would never have been fair. I really only contributed to the monthly operating expenses while I was living there (since there was no mortgage) and I would have been paying the same in rent anyway. There's no question he has the financial means to pay guideline support and 1/2 of daycare which is all I'm asking for but I think it all comes down to control. The only control he has is his ability to take my car. I honestly don't think he would do it but it's not a chance I can take.

this8384 · May 4, 2010, 06:31 AM

Originally Posted by SoConfused71

Thank you for the link. I'm just trying to be fair and keep things amicable for our daughters sake. Taking 1/2 the house and 1/2 his investments that he acquired over 30+years would never have been fair. I really only contributed to the monthly operating expenses while I was living there (since there was no mortgage) and I would of been paying the same in rent anyway. There's no question he has the financial means to pay guideline support and 1/2 of daycare which is all i'm asking for but I think it all comes down to control. The only control he has is his ability to take my car. I honestly don't think he would do it but it's not a chance I can take.

Well, it's his choice. He can either a)be difficult, take your car and pay a heck of a lot more in child support(which will probably go to buying a replacement car) or b)start paying a fair share and let you keep the car that you paid for half of.

Like I said, if you can prove that you made half the payments on the vehicle, you definitely have some claim to it. It might take a small claims suit but I don't think he's going to waste the time trying to get a vehicle that he probably won't even keep anyway.