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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-18-2017, 09:56 AM
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Default Math is tough!

from http://canlii.ca/t/h6m0l

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[30] She is employed and works full-time. She works at Walmart... her counsel suggested to set her income at $25,000, which I accept.
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[57] Based on the history of the respondentís employment and his lack of evidence suggesting inability to work or achieve the historically earned income level that he earned, as set out above, I am satisfied income should be imputed to the respondent and in the amount of $50,000.
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[65] Based on the imputed income I have found attributable to the respondent and the income of the applicant which I set at $25,000 as submitted, the respondentís pro rata share is 75%.
The judge was almost within 8% of the right amount, not too shabby. Math is tough! This calculation required adding and dividing.
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Old 10-18-2017, 10:26 AM
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Is a Math error an error in law ? Or do Family Court Judges also come up with their own Math ?

Last edited by Jeff; 10-27-2017 at 03:50 PM. Reason: Rude, unhelpful comments deleted
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Old 10-19-2017, 06:22 PM
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Quote:
Originally Posted by trinton View Post
Is a Math error an error in law ?
Most of the time, the justice will ask that a party who has an issue with the calculations come back with his findings.

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Originally Posted by trinton View Post
Or do Family Court Judges also come up with their own Math ?
Not only they come up with their own math, but they do come up with their own decisions on what is fair and reasonable according to them.
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Old 10-26-2017, 06:32 PM
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It seems here that the math was made up. They could also make up 'facts.'


Errors in findings of fact are ok since the court of appeal typically will only look at errors in application of the law. This is a way of helping to come up "with their own decisions on what is fair and reasonable [and 'lawful'] according to them."
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