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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 09-05-2016, 02:17 PM
RIL RIL is offline
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Default Calculation SS and CS after losing a high paying job

Hi all,

I'm going through a divorce right now and we working on our SA. The situation is, I had a high paying job in oil and gas industry overseas, she hasn't worked in 8 years because of kids at home first, plus hated her last job as programmer and I started making good money, plus I spent a lot of time outside Canada. Kids are age 8 and 14. 15 Marriage was 15 years.
At the end of last year I been laid off, but still made 250K, this year it will be 50-70K with severance package from my last employer. Deepwater drilling is almost died and there is no any job on my profile in Canada. I probably can make 50K-70k a year if we sell the matrimonial house and I can use my half of house money for investment otherwise it will be low paid labour job.

Could my wife insists on SS and CS according to my last tax return or it should calculated according my present situation?
She started small coaching business last year but at the moment she makes less the minimum wage. Her last tax return was 1100 for 3 months doing it, this year maybe 10K. Could I insist for calculation SS and CS to use at least minimum wage for her?
I ask her to reduce the kid's activities due to a new reality, but she is using her credit line to keep it the same and want me to pay the bill. Any suggestion how to explain her, that situation with money is different now?

I bought a house for investment after separation date, but deposit for the hose was submitted before the separation date. Could my wife asks to split the profit for this house, if she had not done anything with this house?

This is in Toronto......Thanks in advance for your help.
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Old 09-05-2016, 02:33 PM
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Present Situation or foreseeable situation , definitely not th past . If I were you do not get a regular paying job go self employment

Your ex wife is going to probably try to prove you quit your job to spite her. Becareful what you say
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Old 09-05-2016, 06:19 PM
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Interested in what the answer here is, I'm in a similar situation.
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Old 09-05-2016, 09:28 PM
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1. Child support is usually calculated based on your most recent income information, usually line 150 of your most recent tax return. What did you declare as your income for 2015? Even with the downturn in the oilpatch, it's not plausible that you would go from making $250K to only $50K in an unskilled labor position, so I wouldn't try to claim that.

2. Does it matter what income your ex makes? If your works takes you out of the country a lot, it sounds like your ex has been and will continue to be taking care of the kids on her own ( as distinct from shared parenting), so the only thing that would be relevant is how much you make.

3. With respect to kids' activities, even if you and Mom were still married, if you've lost your job the activity might not be affordable. Tell Mom in writing that you cannot afford to keep paying for the activity and that as of the date of writing, you do not wish to keep paying. She can continue putting things on the line of credit (until you close the joint line of credit) but at least you'll have something in writing showing that going forward you do not consent to paying for the activity.

4. What do you mean, you put a deposit on the house before separation but "bought" it after separation? Usually when you put a deposit on something you're committed to buying it, especially if the deposit is nonrefundable. My guess is that Mom would be entitled to half of the increase in value of the house between the time you committed to buying it and the time of separation, which would probably be very little. (I also wonder how you managed to buy a house if you were laid off last year and lost 80% of your income. Things like this will make people wonder if you're being entirely honest about your financial state).
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Old 09-07-2016, 12:43 AM
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Stripes thanks for the post.
1. Child support is usually calculated based on your most recent income information, usually line 150 of your most recent tax return. What did you declare as your income for 2015? - 238K, Lay off was at the end of October plus severance package - it was almost full year on payroll
Even with the downturn in the oilpatch, it's not plausible that you would go from making $250K to only $50K in an unskilled labor position, so I wouldn't try to claim that.- This is where it became complicated. I was working overseas on offshore deepwater drilling rig as a deck mate. There is none of the same type of vessel in Canada or under Canadian Flag. Plus with downturn in oil prices, deepwater drilling was hurt most of it. There is some jobs on those type of vessel, but it`s for locals USA, Brasil, Angola only. I was trying for one year to find something, but marine offshore became smaller and smaller and salary dropped already too much. I moved to Canada with foreign marine license, found quickly better salary on foreign flag vessel and never did my Canadian marine license. In my rank on Canadian merchant fleet vessel annual salary will be now 50-70K, my last experience on these type of vessel was 10 years ago. It`s why I think to do something different plus to be in country and in city, if it will be the same income
4. My guess is that Mom would be entitled to half of the increase in value of the house between the time you committed to buying it and the time of separation, which would probably be very little. - Who can find how much house increase in value for 3 weeks, if next house to mine similar footage but double lot was sold 3 month later on 100K less than mine in private deal, but after 2 months was resold 150K more than mine, without doing anything?

Regarding house I gave deposit when I was still on payroll and closing date was the same as my lay off date. It was income property, 100 years old house in bad condition, but I think it still has potential.
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Old 09-07-2016, 01:07 AM
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Child support is based on how much you are making at any given point in time. The whole line 150 thing is just a convenient way of calculating it. Pay child support only based on what you are actually earning.
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Old 09-07-2016, 01:07 AM
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You made a deposit prior to the seperation date but the full purchase was done after seperation.

I can see two possibilities here:

1- if the two of you decided to seperate and you made the deposit on the house in preparation for the seperation, it could be excluded as you two had already determined the relationship was terminated and just the formality of you moving out was left, of course requiring you to have a place to move to.

2- at most, half of the deposit you made before actually moving out could be considered matrimonial assets and be included for equalization, but everything paid into the property by you after moving out would not be considered matrimonial assets in any way.
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Old 09-07-2016, 09:07 PM
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Links17 & blinkandimgone, thank you for advice.
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Old 09-08-2016, 10:32 AM
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Quote:
Originally Posted by RIL View Post
Could my wife insists on SS and CS according to my last tax return or it should calculated according my present situation?
You will have to provide evidence that you were in a buggy whip industry and the employment opportunities do not exist. You would have to go to trial for a proper determination of what your imputed income would be. You could agree to something but, I wouldn't agree to anything but your actual income.

Quote:
Originally Posted by RIL View Post
She started small coaching business last year but at the moment she makes less the minimum wage. Her last tax return was 1100 for 3 months doing it, this year maybe 10K. Could I insist for calculation SS and CS to use at least minimum wage for her?
Yes, you could seek an imputed income at minimum wage.

Quote:
Originally Posted by RIL View Post
I ask her to reduce the kid's activities due to a new reality, but she is using her credit line to keep it the same and want me to pay the bill. Any suggestion how to explain her, that situation with money is different now?
The expenses need to be special and extraordinary. You don't have to explain anything to her. Basically, if you do not approve of the expenses you don't pay. Specially for sports - unless the kid is going to the olympics. Then call RBC and ask them to sponsor your future Olympian.

Quote:
Originally Posted by RIL View Post
I bought a house for investment after separation date, but deposit for the hose was submitted before the separation date. Could my wife asks to split the profit for this house, if she had not done anything with this house?
Yes. They may be entitled to half.

Quote:
Originally Posted by RIL View Post
This is in Toronto......Thanks in advance for your help.
You should really contact a lawyer. Your matter is complex. If you need a recommendation send me a PM.
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