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 05-11-2015, 10:07 AM
Senior Member
 
Join Date: Aug 2013
Location: Southern Ontario
Posts: 137
North of 40 is on a distinguished road
Default Why Getting Ahead Doesn't Work In Family Law

Morning All;

Just a quick comment on family law. Sorry, amazingly frustrating.

Have a Sep agreement in place. FINALLY.

One of the clauses, which is standard, is exchange line 150's

However, herein lies the problem. I have been offered a promotion at work.

I asked my lawyer about it, in the end as CS/SS is based on gross..i was advised to turn it down. After tax was taken off plus cs/ss the gain was minimal. Plus, if I ever want to change it, a motion has to be filed. Spent enough time and money in court ......not doing that again.



Always learning.
Reply With Quote
  #2 (permalink)  
Old 05-11-2015, 10:43 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,924
arabian will become famous soon enough
Default

So you are going to go through life turning down advancement opportunities at work to ensure that you don't pay any more support?

My son, who is single with no children, will get a small raise soon. It will made little positive difference because of taxes. Will he turn it down? Of course not.

Yep, keep turning down promotions and blaming your problems on Family Law.
Reply With Quote
  #3 (permalink)  
Old 05-11-2015, 10:43 AM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

You shouldn't turn it down.

Convert it into perks or "bank it".
Reply With Quote
  #4 (permalink)  
Old 05-11-2015, 10:44 AM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
So you are going to go through life turning down advancement opportunities at work to ensure that you don't pay any more support?

My son, who is single with no children, will get a small raise soon. It will made little positive difference because of taxes. Will he turn it down? Of course not.

Yep, keep turning down promotions and blaming your problems on Family Law.
The difference if he loses the job family law will impute him the increased salary.
Reply With Quote
  #5 (permalink)  
Old 05-11-2015, 10:58 AM
Senior Member
 
Join Date: Aug 2013
Location: Southern Ontario
Posts: 137
North of 40 is on a distinguished road
Default

Arabian;

Why would anyone take a job promotion and make net zero money and spend less time with one's kids. (promotion means more time at work) Makes no sense. Also, echo Links statement.
Reply With Quote
  #6 (permalink)  
Old 05-11-2015, 11:16 AM
Senior Member
 
Join Date: May 2009
Location: In a very happy home.
Posts: 755
HappyMomma is on a distinguished road
Default

I somewhat know how you feel.

I'm headed back to court on the support issue and scared to death that because I am smart with my money, go without and am pretty much debt free, I could get dinged for paying more support (shared access). Makes me want to run out and rack up some debt.

This sucks.
Reply With Quote
  #7 (permalink)  
Old 05-11-2015, 12:09 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,924
arabian will become famous soon enough
Default

If one's inability to make sound financial decisions affected amount of support payable then my ex would never have to pay because he is a train wreck in this area.

North of 40 - deciding not to take a promotion to spend more time with one's children sounds nice. Hopefully turning down promotions doesn't have a negative impact career-wise in the future as many parents have discovered. This is where SS can come into play for some - giving up career to stay home with children.
Reply With Quote
  #8 (permalink)  
Old 05-11-2015, 12:11 PM
Rioe's Avatar
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,235
Rioe will become famous soon enough
Default

Quote:
Originally Posted by North of 40 View Post
One of the clauses, which is standard, is exchange line 150's

However, herein lies the problem. I have been offered a promotion at work.

I asked my lawyer about it, in the end as CS/SS is based on gross..i was advised to turn it down. After tax was taken off plus cs/ss the gain was minimal. Plus, if I ever want to change it, a motion has to be filed. Spent enough time and money in court ......not doing that again.
Are you sure that's accurate? I know CS adjusts regularly with changes in income, and that's the right thing to do. You should support your children in line with your current income. If you benefit from a salary increase, they should too.

However, SS is usually fixed at the agreement or court order, as it's more based on the income during the marriage, not what happened afterwards. I can see an exception for a situation if your ex supported you through school for a lot of the marriage based on the idea that you would both benefit afterwards on the lucrative resulting career. But if your ex had nothing to do with whatever earned you the promotion, then SS should not change with your increased paycheck.

Say 30% of a salary increase goes to taxes and 15% goes to increased CS. Is that remaining 55% increase to YOU worth it?

That said, just do a cost/benefit analysis for the promotion, same as you would for anything else. So your income won't actually change much despite the higher salary, because of tax brackets and CS increase. Is the promotion still worth it? Would your work hours change? Would you have less family time? Would it be easier or harder to work around the kids' schedules? Would you enjoy the new responsibilities more? Would the higher CS give your children more opportunities? If you turn it down now, will the offer ever come around again in the future? Is there a continued advancement path that would lead to future income increases that would benefit you more than this one does? Etc. The money is just one facet of deciding to take a promotion or not.

Last edited by Rioe; 05-11-2015 at 12:15 PM.
Reply With Quote
  #9 (permalink)  
Old 05-11-2015, 12:12 PM
Senior Member
 
Join Date: May 2009
Location: In a very happy home.
Posts: 755
HappyMomma is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
If one's inability to make sound financial decisions affected amount of support payable then my ex would never have to pay because he is a train wreck in this area.
Unfortunately for me, it does. Thanks to 9b and 9c of the guidelines. It also means they will look at my partner's income. Though it can't be used to calculate support, it does factor in to my standard of living, and can therefore increase how much I pay.

Lovely.
Reply With Quote
  #10 (permalink)  
Old 05-11-2015, 12:25 PM
Senior Member
 
Join Date: May 2013
Location: Ontario
Posts: 327
OntarioMomma is on a distinguished road
Default

Maybe I read it wrong, but it doesn't seem like his decision to turn it down is solely to do with $. OP said he finally has a separation agreement and would have to file a motion to change.

Having been going through the court process now for almost a year, it's emotionally exhausting and draining. (As many/all of you know)
Personally, that part drains me more than the financial part of it.

I'd probably turn the promotion down too, if in OP's position, just to have a break from the constant litigation and try and regain some peace.
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
Family Law is a Joke Teddie Divorce & Family Law 8 11-14-2013 03:04 PM
"Don't Panic" - What Defines Urgency Before the Court? Tayken Reference 85 11-13-2012 11:08 PM
Spouse refuses to work Dad07411 Financial Issues 16 11-04-2012 06:27 PM
press release: Ontario's Family Responsibility office Peggy Parenting Issues 8 10-22-2010 11:20 AM
Kicked out - no money, no work permit, no help phaidros52 Financial Issues 8 12-07-2005 07:09 AM


All times are GMT -4. The time now is 12:46 PM.