Opinions on going back to court please.

[Mess]

I love you too, man. The money is in the blue sock in the top drawer.

[Gary_P]

As promised, here is the breakdown of my pay, deductions and support payment. Pay is bi-weeky.

Gross $3,450.00
Fed Tax $480.89
Prov Tax $582.18
Quebec Pension $168.95
UIC $46.92
Quebec Parental Insurance Plan (mandatory) $17.95
Company Health Plan $97.75
Social Club $4.00
Support Payments $1,149.89

Total Deductions $2,548.53
Net $901.47

So, as you can see, at the end of each check:
I get $901
Child Support is $701
Spousal Support is $452

Over the course of a year I take home $23,400 and send $29,900 to her.

Does it make sense to try to eliminate or dramatically lower spousal based on my numbers and the circumstances I posted earlier?

[Mess]

Yes, as I posted earlier, Spousal would normally be targeted to raise her NDI up to about 45-50% of yours. She is already over 100%, she shouldn't be getting spousal.

However sometimes it can work out for you. You have negotiated a slightly lower than Table Child Support. Think about it as, you pay less CS, pay some SS and are able to use the SS for a tax deduction.

For your present numbers, just go for getting the SS eliminated based on comparitive NDI. But if you were negotiating privately, I would say offer to keep Spousal as is, and lower CS to the point that the combined amount is equal to Table CS. Then you pay out the same, but get the tax deduction.

My totally amateur opinion is that you would win in getting Spousal eliminated in court, but probably get CS raised up to Table amount.

[Gary_P]

Mess, so you think I can have the SS eliminated.

My only problem at this point, as I can see, is going to be keeping my common-law's income out of this. We have been living together for the better part of 9 years, (shorlty after the marriage breakup). her income is significant and if it becomes a topic in court then I will get laughed out of the building.

On one of the form I must complete I see that it asks about my current co-habitation status.

Am I in trouble on this one?

[Mess]

Your spouse's income has nothing to do with your case, unless you aren't working and your spouse is supporting you. In that case they would probably see it as "family income".

The other instance would be if you had successfully argued for undue hardship. This would take into account your total finacial circumstance. If you had a spouse earning megabucks, the courts would not take it seriously if you claimed you were living in poverty.

In your case, I don't see that your spouse's income would enter into it.

[tilt]

Gary, according to your gross pay you are only making 89 k a year. After support and deductions you should have 30 k in after tax money. I think something is wrong in the math.

[Gary_P]

So, this is where I get confused:

I make 90ish as year. BTW i checked and it is 89 and change
She gets spousal and child support
I want to go back to court and get spousal terminated.
My common-law wifes income has to be listed on my financial but makes no difference to my case unless I am pleading financial hardship.
In the case of financial hardship they will look at my common-law wifes income and I will lose.

Sooooo ... considering I am going back because I am broke and she is getting a boatload of cash from me - what other concievable reason would I have for going back other than for financial hardship reasons?

To me it is like going to the cook and asking for a sandwhich but do not tell him you are hungry or he will check to see if you have other food in your pockets and then deny you the sandwhich.

Why else would you want the food unless you were hungry?

Help

[Mess]

NDI = Net Disposable Income. For support purposes, this means after income taxes are paid, after section 7 expenses are paid (ie summer camp for the kids) and after child support is paid.

Spousal support would bring her NDI up to 45% of your NDI.

In your case, the difference is ridiculous, her NDI after you pay support is above yours. It should be just under half. She could argue in court for maybe up to 50%, but what she is getting now is crazy.

Her NDI includes CS, it includes Child Tax Credit, it includes her income. Like I wrote before, ballpark her NDI after all this and after you pay spousal support is about 60k. Even if my numbers are generous, her NDI is higher than yours. These number do not support paying any spousal.

[Gary_P]

Mess, I wish I could chat with you. I pm'd you my email and address to add me to your MSM, (if you use it).

[Gary_P]

I am almost complete with the forms required to go back to seek SS termination. Back to my question about my current living circumstances (alone, roomate, spousal-like living conditions etc) on the forms, I beleive I have a few options.

1) Ignore that section and deal with it if/when it comes up.
2) List my common-law spouse but ignore the income, (my ex knows where she works so no need to hide that)
3) Fill everything in and risk her lawyer having a hayday with the information.

The current wife, (as loving, supportive and caring as she is), does not want to be brought into this at all. It is not her issue and in her opinion, (which I share), my ex has no right to know what she makes.

Opinions please.