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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 01-08-2006, 10:32 AM
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Default spousal and child support

My wife and I are not separated yet, but heading towards that road fairly quickly. I work full time get a decent wage my wife works for her parents company but gets paid in cash (no t4 slip) drives a company car,gas, and credit card from her parents. We have 2 children and I would have joint custody or shared custody am still not sure if there is a difference. My question if i would have to pay child support at those ridiculous rates and alimony .

Nelson from Ontario
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Old 01-08-2006, 12:35 PM
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Hi Nelson and welcome to the forums.

In a case like yours, a judge will normally "impute" income to your wife. This means that for the purposes of calculating child support and spousal support, a judge will attribute an income to your wife.

Without knowing more, it's hard to say what the income would be. However, a judge may simply look at the market wages for what your wife would earn if she were employed in the same sort of position by someone who wasn't family or a friend. Or the judge may simply calculate the value of all the benefits your wife receives through her employment and base the income on that (taking into account that she doesn't pay taxes).
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Old 01-08-2006, 02:31 PM
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Nelson,

From what you have posted it appears like your spouse is somewhat financially independent from you.

One criteria for spousal support is that she have NEED and you have MEANS after giving first consideration to support of the children.
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Old 01-10-2006, 01:08 PM
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Thanks, I wasn't sure if I would have to prove that she was working in the family business since she didnt claim any income at tax time. And her parents would deny it that she was ever working for them

Nelson
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