So when I got the bike it had a rolled piece of sheet metal and a 1/4" square tube welded across the rear frame rails, with the shock that are on it now ( which probably are not the correct ones, there was no way the tire was not going to hit.
It's another one of the things on this bike that was form over function , it just wasn't going to work. I had already removed some of the metal and put a curvature in it , it wasn't going to be enough.
So I cut another section out , it still wasn't going to be enough.
Now I am not planning on taking it off any sweet jumps but I do want it to be safe , to check it I removed the bottom bolt on one shock , rotated the shock out of the way then put a ratchet strap across it down to the swingarm and yes it would defiantly hit before the shocks fully compressed.
I finally just cut it all out and left a bit on each side , then I installed the seat and rechecked it , that particular part of the seat pan is not filled in so there is some space for the tire to protrude into without hitting anything , it's really close but it doesn't hit at full compression , with both shocks on it I believe it will be fine, at least till I can get some more shocks for it anyway .
I will probably remove some material off the rear lip of the seat just to be sure, there is plenty of metal there, this seat is heavy.