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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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  #11 (permalink)  
Old 05-02-2017, 08:51 PM
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I think the fear about a new partner's income being included in your matter would revolve around CS, not SS.

A successful claim for undue hardship reduces CS flowing from a household with a small income to a household with a bigger income. That would include divulging the income of all adults who reside with you.

He may not be able to include a new partner's income to get SS from you, but he could use it to have his CS to you reduced. IF you live with the new guy, that is.
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Old 05-02-2017, 08:58 PM
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Yes, there was already a final order for Imputation, cs as of April. He HAS APPEALED. The Judge was so pissed with him, (at large, his lawyer was at fault, the stupidest ever, If It was me, I would report her), that he said he will report his to CRA.
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Old 05-02-2017, 09:21 PM
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Well unless there is error in law, as another poster indicated, he is "sucking the hind tittie" I think.

So this is a an appeal about CS not SS. All numbers I think.
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Old 05-02-2017, 10:33 PM
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One leads to the other. Imputed income reduced=cs reduced=the gap between out incomes increases, therefore, possible ss review.
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Old 05-02-2017, 10:39 PM
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SS is calculated on gross income not net. You need to do some reading.
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Old 05-02-2017, 10:43 PM
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And if you guys could clarify cause I dont think any posts address exactly my question.

So my income is X, he wanted me to pay him ss based on my higher income. This is between him and I, if judge decides that I pay ss based on his low income and my higher income gap. What my new partner has to do with it?

I am not claiming undue hardship, I am arguing his entitlement since we both got out licences within a year of each other. I went on to build a career, he became a couch potato.

If ss reviewed, would my new live in be responsible to support my ex? Can my ex take him to court to eval his income so it can be added to mine, hence larger ss??
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Old 05-02-2017, 10:48 PM
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Quote:
Originally Posted by arabian View Post
SS is calculated on gross income not net. You need to do some reading.
We are misunderstanding each other.

His income is imputed to X high amount, cs is calculated on the X amount, X amount doesnt warrant the ss.

he is appealing it, income is reduced to B amount, cs is calculated on B amount, income gap between his new B amount and my income is significant and warrants ss review.
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Old 05-02-2017, 10:55 PM
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SSAG are guidelines. There is much caselaw of judges deviating from SSAG. With SS nothing is written in stone.

Your're correct. I guess I am not following you unless you are saying he was imputed an incorrect income. He would have to prove the judge made an error in law in how the judge imputed the income. Income was just imputed recently, so unless there is a blatant mathematical error I cannot see where he would succeed. Maybe the Order provided for a review or recalculation at years' end? Imputed income is supposed to deal with people who are intentionally under or unemployed.
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Old 05-03-2017, 01:08 AM
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Yes, he is intentionally under employed. Just plain lazy. He reports between 7-14K as his income, and the Judge imputed him 70K. My lawyer asked his income to be imputed to 50K. He couldnt provide logs of his work and in his affidavit he said that he doesnt know exactly how much he earns per year!!! So the Judge just lost it!
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Old 05-03-2017, 12:44 PM
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Quote:
Originally Posted by Stunned View Post
Hi again, Since last time, here is an update.

My ex was looking for ss, I had all the proof that he is underemployed by choice and has potential to earn better salary (he is self employed).

The judge imputed his income to the higher range of his profession (electrician/plumber) with no ss from me + appropriate cs for our 2 girls that live with me.

Now the ex is appealing the income imputation. And....I was planning on moving on with my life. My new partner and I were looking to move in together to try things out, but my lawyer said that if my new partner moves in with me, my new family income (partner's and mine) can be used to calculate possible ss payments that the appeal might review.

Is that right? I looked all over and could only find reference to the receiver's marital change.

Pls advise so I can advise the lawyer. Or do I really have to wait for the things to be over?
Your lawyer is being cautious and so should you. Is it likely your ex is going to be able to dispute the income imputation? ..no. Is it likely he'll be able to make a claim of undue hardship and use your new partner's income to increase his entitlement claim to SS?....no. Nor is it likely that your new partner can be compelled to supply that information.

However, you'd be smart to wait to move in with him until this is resolved so you don't muddy the waters and give your ex ammo. Your lawyer isn't going to guarantee anything ...especially with regard to SS because the SS laws are often vague and situation dependent. However, the likelihood sounds low that he'll be able to make a valid case...and it sounds like he doesn't do well in court and comes off looking like the leech he is.

So you can proceed with moving in with your new guy but understand that it WILL get brought up and there's a small possibility that the judge may consider it valid due to your living expenses being reduced. However, that's only if your ex is successful making a claim for entitlement...which doesn't seem likely. Appeals like this just don't have a good rate of success.

Your lawyer, however, is doing the right thing because it is a risk and it seems like an unnecessary one for you to take. Unless this is really a dire situation...I'd wait it out. Why add the stress to a new living situation?

By the way, your ex sounds like a complete loser and a tool. I hope you don't have to pay him a dime.
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