Tilt, I get a different NDI than you here. The payor's NDI is not just after tax, it is after CPP, EI and most other deductions, we'll call it 60k for conversation.
Currently after paying 30k per year in CS and SS, he is down to 30k. He doesn't mention it, but the final 8k deduction could be section 7.
The ex's NDI should include Child tax credit and other government benefits. These would based on income including SS. Assuming $12hx35hr/wk she is looking at just under 22k gross. It gets rough here without the software, taxes are nominal with all the kid's deductions, she will have her share of section 7 (camp, after school care, hockey, etc) I am going to ballpark it at 17k. Her tax free child tax credit for 3 kids will be over $1000 per month. CS/SS added to that, you are looking at NDI in the 60k range.
By these numbers, which are rough but I don't think too far off, there's no way he should be paying that much spousal. The target is to bring her up to around 45% of his NDI, maybe a little higher due to having three kids, they won't average down on anything, but she is not hurting.
Take spousal out of my numbers, and she is at 48k, he is at 34k, I think he has a case. If you want to dispute his stated NDI and go with 30k instead, he still ends up at 42k compared to her 48k.
Keep in mind, 60k NDI for her (including the tax free Child tax credits) is after tax. If she was just working for it all, you'd be looking at a 6 figure income to net that amount, and it is possible to raise 3 kids on that. The OP is unclear if the house is actually paid off, if so she's on shakey ground.
Now balance that, duration is 6 months to 1 year per year of marriage usually. It would be the higher lenght since there are so many kids. That puts us to this year for a review. Orders are usually indefinate if there are kids, at least until the kids are grown. He would have had a hard time getting anywhere with a review back in '05, I think.
The above is obviously ballpark and Gary, you should get a lawyer to run this through software with accurate numbers for deductions, section 7, child tax credit etc. But I think you are in a position where it is worth getting a consultation and accurate figures.
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