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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 03-09-2015, 10:17 AM
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Default almost double what wife makes

Hi,
I am self employed and I make almost double what wife makes. Every year she gets a termination notice till they find her the next assignment. So she keeps on telling me after divorce she will be taking half of my salary in child support and spousal support. She said that 50/50 child custody will make her lose money so she might drive for more custody in her part.
From little research (thanks to the amazing forum), I have found that for child custody there is a difference to be paid. And for spousal support there is only up to a certain limit.

Any tips?
Thanks
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Old 03-09-2015, 10:39 AM
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Default almost double what wife makes

She can say whatever she wants but that might not happen. People gave you some good advice regarding custody and steps you need to take now. Definitely speak to a lawyer about your next steps and moving toward a divorce. CS rules are pretty straight forward, SS are a little more complicated. Bottom line is your wife cant just stop working and expect you to fund her life.

ETA: 50/50 means off set support. You would take the table amount of CS you pay to her and table amount she pays to you and subtract. The difference is paid to the lower income earner. If she tries to quit after earning a good salary for a number of years you could get her income imputed.

Talk to a lawyer!

Last edited by rockscan; 03-09-2015 at 10:41 AM.
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Old 03-09-2015, 10:43 AM
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Educate yourself on the whole picture instead of just grabbing bits and pieces from the forum. Then ask questions.

Read the Child Support Guidelines:
Easy Step-By-Step Guide here: The Federal Child Support Guidelines: Step-by-Step
Full legal text here: Federal Child Support Guidelines

Read the Spousal Support Advisory Guidelines here: Spousal Support Advisory Guidelines
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Old 03-09-2015, 12:16 PM
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Quote:
Originally Posted by abuseddad View Post
Hi,
I am self employed and I make almost double what wife makes. Every year she gets a termination notice till they find her the next assignment. So she keeps on telling me after divorce she will be taking half of my salary in child support and spousal support. She said that 50/50 child custody will make her lose money so she might drive for more custody in her part.
From little research (thanks to the amazing forum), I have found that for child custody there is a difference to be paid. And for spousal support there is only up to a certain limit.

Any tips?
Thanks
First of all, STOP listening to your ex's advice about how things should turn out. She wants it all to go in her favour, of course. You want it to be legal and fair. She's telling you what she WANTS. It's now your job to figure out what is RIGHT.

She has a regular work history? Then she is capable of supporting herself and is NOT entitled to ANY spousal support. It doesn't matter that you make double what she makes. Unless she helped you build your business and lost out on job opportunities because of that, or you made her stop working so she could look after the kids, you owe her no SS. If her contracts are a bit erratic, use the average of the last three years of income claimed on her taxes as her current income. You could do the same thing as you are self-employed and your income probably isn't perfectly predictable.

CS is determined solely by your incomes and access schedule. Look it up online. Think of it this way - you are both putting the table amount determined by your incomes into a common pool of CS. Say her amount is X and yours is Y. So your pool has X+Y in it. Now, if you have 50-50 access, you each take out half the pool (you each get X+Y divided by 2 back) which gives the perfectly fair half offset system. Since your Y is greater than her X, the end result is that you'll be paying her some CS. But if one of you has more than 60% that person takes the whole pool (X+Y).

Everybody who is money-hungry looks at this system and wants more than 60% access because it means more money. She's also asking for SS. So greed is her primary motivation, is it? At least you know what you're working with.
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Old 03-14-2015, 08:02 PM
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^^I don’t believe the above information as it relates to ss is accurate. As it appears you are coming from a 10 year marriage, with dependent children, the rationale for payment of ss would be considered non-compensatory, and would be based on the need to provide continued care and support for your dependents. Not to mention, your ex' employment is shaky?

And actually, given the double difference in incomes between the two of you, I also suspect that should you be successful in obtaining a 50-50 shared parenting arrangement (and without an ss payment), it is likely the courts would continue to be most concerned with your dependents, and a higher amount of cs than offset would be ordered, so that their standard of living is maintained.

You need to check the leading cases on spousal support - Moge v. Moge 1992 CanLII 25 (SCC), [1992] 3SCR 813 and Bracklow v. Bracklow 1999 CanLII 715 (SCC), [1999], both of course are on Canlii and while you are researching, remember to follow the citations - your arguments against ss could be in the citations.

Take the advice of dinkyface and rockscan above, stop taking bits and pieces from the boards that you like - and talk to one or two lawyers, before you make your next move.

Stay in the home - do not leave!
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