Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-05-2017, 03:23 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,368
billiechic is on a distinguished road
Default Mediate child support? Is this recommended?

My ex is refusing to pay his child support unless I either agree to mediate the amount or go in front of a judge.
He is 2 months without payment.
In March he refused to pay unless I agreed to mediation, and only paid after I sent a lawyer letter. He was also 6 months behind in paying the increase according to the tables, and paid this at that time.
I work full time and run a small business part time. It's network marketing, it doesn't add a lot to my income, reduces it some due to expenses. In the future I will be earning more.
While I was initially willing to sit at a table with him, his deliberate refusal to pay, attempt to blackmail me to the table and now refusal to pay again is not indicative of the ability to negotiate.

I know CS is not negotiable normally, however with this side business I don't know what a judge would say. I have been upfront and provided him with my full tax papers which my small business income and expenses are included in. The business is not separate yet.
Thanks for the feedback.

Sent from my SM-G920W8 using Tapatalk
Reply With Quote
  #2 (permalink)  
Old 05-05-2017, 03:30 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,980
rockscan will become famous soon enough
Default

Are you off set?

Child support is non negotiable under normal circumstances. If youre offset and not including your side income you could possibly mediate including it after six months or "imputing" an income for it.

If he pays full table then theres no need for mediation. He pays based on his income.
Reply With Quote
  #3 (permalink)  
Old 05-05-2017, 03:33 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,368
billiechic is on a distinguished road
Default

Yes we are offset. He refused to pay an increase. Mediation has been discussed, but I am unsure whether we should, based on it being the right of the child.

Sent from my SM-G920W8 using Tapatalk
Reply With Quote
  #4 (permalink)  
Old 05-05-2017, 03:36 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,368
billiechic is on a distinguished road
Default

The thing is that currently my line 150 is less when I include the income. Because of start up costs and training and the fact that I am only part time my deductions actually reduce line 150.
I was willing to negotiate to somewhere between what it would be if only going off my day job income and the reduced line 150. I spoke to a lawyer and she said that the only thing I should not be deducting for this calculation was my cell phone bill.

Sent from my SM-G920W8 using Tapatalk
Reply With Quote
  #5 (permalink)  
Old 05-05-2017, 03:37 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,980
rockscan will become famous soon enough
Default

What exactly is he disputing? He cant bargain down child support. You could offer to include your additional income but how much of a difference is that?

Hes going to spend probably $2000 on mediation to save himself what? $500?

You need to give a few more details like ballpark amount he wants it reduced to, what impact your additional income has, his reasons for reducing etc.

Your ex is high maintenance and combative if I recall? Wasnt there an order made? Was it on consent? How long has it been for this cs amount? Was your recent tax file a trigger to change?
Reply With Quote
  #6 (permalink)  
Old 05-05-2017, 05:46 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,368
billiechic is on a distinguished road
Default

We've had 2 mediation agreements since our last court order. On that one I paid the offset (on time every time). So it can't be enforced until I make the change.
Mediation is being paid for by CAS.
After my intake Monday I will consider sending him an offer. I probably only earned an additional 4000 last year but I spent probably almost 8000 as I did a lot of training for my certifications and fees etc. So at this point he's really arguing about $50- 80 a month depending where the line is drawn (how much income and how much deductions are allowed).

Sent from my SM-G920W8 using Tapatalk
Reply With Quote
  #7 (permalink)  
Old 05-05-2017, 05:47 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,368
billiechic is on a distinguished road
Default

He wants me to pay my offset at my full time wages and income. With no deductions considered. I doubt a judge would go with that.

Sent from my SM-G920W8 using Tapatalk
Reply With Quote
  #8 (permalink)  
Old 05-05-2017, 06:16 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,041
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by billiechic View Post
He wants me to pay my offset at my full time wages and income. With no deductions considered. I doubt a judge would go with that.

Sent from my SM-G920W8 using Tapatalk


I guess it would depend what the deductions are for... I know you mentioned cell phone not deducting but depending what the other deductions are he may have a case to add a percentage back.

Like training fees I'm not sure if that would be an allowable deduction for CS purposes as it's kind of the same as going to school and one wouldn't be able to deduct school expenses to reduce their line 150... I would certainly look into cases regarding self employment income and what deductions are allowed for CS purposes and which ones are added back. But the reality is he is arguing over such a small amount hardly seems worth it for either of you.


Sent from my iPhone using Tapatalk
Reply With Quote
  #9 (permalink)  
Old 05-05-2017, 06:56 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,368
billiechic is on a distinguished road
Default

I would say that 2/3 of the deductions are for training directly for certification. The rest are business expenses for travel, overhead etc.
I certainly get that not all of it would be deducted.
I really just want to know if this is an issue to mediate or if I should hear the judges recommendations on it first. We will end up back with a motion even if it is just to make the new mediated agreements an order

Sent from my SM-G920W8 using Tapatalk
Reply With Quote
  #10 (permalink)  
Old 05-05-2017, 08:16 PM
Rioe's Avatar
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,236
Rioe will become famous soon enough
Default

When I read the title of the post, I thought for sure there was no way CS could ever be mediated, since the table system is pretty cut and dried. What you're really mediating is the calculation of your income though.

Quote:
Originally Posted by Berner_Faith View Post
Like training fees I'm not sure if that would be an allowable deduction for CS purposes as it's kind of the same as going to school and one wouldn't be able to deduct school expenses to reduce their line 150... I would certainly look into cases regarding self employment income and what deductions are allowed for CS purposes and which ones are added back. But the reality is he is arguing over such a small amount hardly seems worth it for either of you.
I have to agree with this. If you went to school and worked minimum wage, you'd be going by your line 150. You would not get to subtract your tuition. Say it was law school and you expected to make big $$ after you graduated. You would still not deduct your tuition or your bar exam fees and so on. Even on the tax return that goes in a different place than line 150.

Quote:
Originally Posted by billiechic View Post
I would say that 2/3 of the deductions are for training directly for certification. The rest are business expenses for travel, overhead etc.
I certainly get that not all of it would be deducted.
I really just want to know if this is an issue to mediate or if I should hear the judges recommendations on it first. We will end up back with a motion even if it is just to make the new mediated agreements an order
A good strategy may be to show willingness to go to mediation, and then let him negotiate you away from declaring the fees for training and certification. He'll think he's won and you save on court fees for something you may likely lose.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Eligible dependent tax and my child support situation ConcernedDad Divorce & Family Law 10 04-02-2012 11:43 AM
Who is responsible for Child Support momof3 Divorce & Family Law 16 05-12-2011 12:20 PM
Joint Effort to Change Table Amounts of CS 350_dad Political Issues 43 12-18-2009 02:01 AM
Offer to Settle Child Support - Is This Fair? #1StepMom Divorce & Family Law 4 10-27-2009 08:50 AM
Will I be Paying Spousal Support? North of You Financial Issues 5 10-21-2009 04:05 AM


All times are GMT -4. The time now is 01:36 AM.