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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 01-24-2017, 03:46 PM
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Hi Janus, Thank you for your response. So I have a full time job and for 2 of the 3 most recent years I did collect some commission income. In each of the 2 years, I had a loss of less than $750.00. The core of my income now is based on my yearly salary. I'm glad to read you too think it's ridiculous. I wish my lawyer would think it was ridiculous as well. I don't think he is working in my best interest.
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Old 01-24-2017, 04:01 PM
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Don't get too excited, I think you will lose. Your lawyer is correct.
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Old 01-24-2017, 06:21 PM
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It's pretty standard for someone who is self-employed to have to provide a more detailed list of their income than just their tax return and line 150 income. The business's Income Statement, I think it's called. As others have noted, that's because some expenses CRA allows are not permitted by family law. So they want to have access the list of your expenses so they can determine a proper (higher) income amount for you instead of going by your line 150.

The agreement you and your ex came to, where you pay a fixed amount of CS instead of adjusting every year, is extremely non-standard. Most judges and lawyers would expect to see annual adjustments. So I suspect that's why everyone wants all the documentation going back to the agreement, and not just the last three years. They want to see what you ought to have paid if you had been adjusting annually as is normal in family law.

Averaging the past three years is standard when determining the current income of a self-employed person to calculate a starting CS from, but I can't see why it's important now in your case.

If, as you describe, you have probably been overpaying all along by using this fixed amount instead of adjusting annually, what's the harm in retroactively recalculating it with the proper business income?

At the very least, sit down with all your numbers, crunch 'em, and figure out exactly what you over or under paid all along. Then, armed with that, you can make an informed decision on if it's worth fighting over.
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Old 01-24-2017, 07:29 PM
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If they are legitimate expenses necessary to run your business then you can deduct them. They're expenses you incur to run your business, the same way lawyers do.



If you hide them then it will seem you got something to hide.

Interest Expenses - what is this. Is this necessary?

Business Tax, Fees, Licenses, Memberships, Dues, etc.
These are all necessary business expenses.

Administration and Management Fees
It costs money to run your business.

Telephone and Utilities,
You cant run a business without a telephone. And business phone plans aren't cheap. You most certainly can't run a business that has no electricity or water. I wouldn't think.

Details of Capital Cost Allowance
Other Expenses
What are these?

Her lawyer is on a mission to take as much money from you as possible - by instruction of his/her client.

If you don't trust your lawyer then why are you even paying them? Why don't you have a consultation with another lawyer and get a second opinion? I don't you'll lose. Have the reviept to backup the numbers.

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Last edited by trinton; 01-24-2017 at 07:34 PM.
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Old 01-25-2017, 08:41 AM
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Hi Trinton,

Interest Expenses - Used credit card for monthly auto billing of License/Membership as well as admin fees.

Details of CCA - Vehicle.., not real property and only a portion/% is claimed for business use.
Other Expenses - Website hosting expense.

Quote:
Originally Posted by Rioe View Post
At the very least, sit down with all your numbers, crunch 'em, and figure out exactly what you over or under paid all along. Then, armed with that, you can make an informed decision on if it's worth fighting over.
I looked at the Federal Support Guidelines and cannot find anything that would state what is clearly disallowed.., with the exception of CCA on Real Property due to the nature of real property appreciating. If there is a list of disallowed expenses please point me in that direction. Sure would help me crunch my numbers.

Thanks,

BLWL
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Old 01-25-2017, 10:18 AM
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Quote:
Originally Posted by blwl
I looked at the Federal Support Guidelines and cannot find anything that would state what is clearly disallowed.., with the exception of CCA on Real Property due to the nature of real property appreciating. If there is a list of disallowed expenses please point me in that direction. Sure would help me crunch my numbers.

Thanks,

BLWL

Go through canlii with a search on "child support" and "expenses" or even "business expenses" and see what you come up with. Some cases may outline what a judge disallowed.
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