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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 02-03-2012, 12:12 PM
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Default Calculating child support - new job

Last January, i started a new job, 3 weeks into the new year. I took a week off between jobs. My salary increased by $5000 between the jobs. For 2011 child support payments, would my income not be calculated by my 2010 tax return and not by my actual income?

My ex's lawyer requested the table amount in relation to my 2010 tax return, not what i had provided to be my new salary. Now her new lawyer is saying i'm in arrears for not paying the table amount in relation to my salary (which would not have been the full amount anyways).

When would my CS obligation go up? Immediately following my 2011 tax assessment?

I voluntarily paid child support. No court order. Just worried that i'm going to get burned another $800 that i don't have...
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Old 02-04-2012, 05:17 AM
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Quote:
Originally Posted by Clean View Post
Last January, i started a new job, 3 weeks into the new year. I took a week off between jobs. My salary increased by $5000 between the jobs. For 2011 child support payments, would my income not be calculated by my 2010 tax return and not by my actual income?

My ex's lawyer requested the table amount in relation to my 2010 tax return, not what i had provided to be my new salary. Now her new lawyer is saying i'm in arrears for not paying the table amount in relation to my salary (which would not have been the full amount anyways).

When would my CS obligation go up? Immediately following my 2011 tax assessment?

I voluntarily paid child support. No court order. Just worried that i'm going to get burned another $800 that i don't have...
1. MySupportCalculator.ca

2. You are obligated to disclose your income after you get your notice of assessment for the adjustment of child support payments.

3. Use the link in point #1 to figure out what your support payment is. It is just as good as Divorce Mate in my opinion.

4. Your CS will go up. Don't guess at it. Just use the tool and figure out what it is going to be.

Good Luck!
Tayken
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Old 02-04-2012, 07:54 AM
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I calculated based on my notice of assessment for 2010. My question is, should it have been calculated based on my actual pay cheque during 2011? That's what her lawyer is trying to say. I cannot find any evidence to this.
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Old 02-08-2012, 12:15 PM
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just to update on this. I went for a lengthly case conference yesterday. They changed my child support payments to my current salary (not pursuant to the CSG) and was ordered to pay arrears for ONLY 2012 (jan/feb).
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Old 02-08-2012, 12:28 PM
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By the letter of the law, you should pay based on current salary, calculated EVERY payday. BUT, since that is a HUGE pain in the ass, the most common method is to recalculate yearly based on the NOA line 150 amount.

BUT since you don't have a current CS order, they start with your current salary, whatever that happens to be. Just make sure in your final order, that they specify the method used and that it's recalculated yearly.

That way it'll all equal out in the end. (it'll be set off by a year, so if your income goes down, your CS payments won't reflect that until the NEXT year)
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