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Acadia71 10-01-2017 06:33 PM

Child support based on actual expenses
 
I have been separated for 10 months and I'm paying a disgusting amount of support to my ex wife in my opinion. $5100/month

We based the numbers on me making $144000 and her starting and 0 and stepping up $60000 over a 6 year period.

Spousal support in year 1 is $3121 per month and by year 6 it drops to $1427.

For child support we also used the imputed incomes but it will be up for review at the end of year 3. For year 1 I have been paying $2033/month, it drops about $100 for year 2 and 3 then we review it.

In reality I always made about $200-250K per year, and this first year should be no different. I'm buying real estate at a very discounted price and it should cash flow very well.

My ex is educated but refuses to work in her field, she mostly wants to sit around and pretend she is some kind of spiritual being. She took $240k in cash out of the divorce and bought a house for $300k. She isn't suffering any.

Hopefully that is enough of the background info.....here is my question. At the end of 3 years when we review child support, there is a very good chance that my income will be at about $300k, hers will be closer to $30k.

That gives us a differential of $270k, and if I'm using the tables right it will mean I have to pay her $3707 per month......I refuse to pay $3700 per month, I work in camp and have my kids on all my days off. Regardless of my income I don't believe that my ex needs that much money to have my kids for 2 weeks out of the month. That's absolutely disgusting. I will actually pay MORE in the fourth year than I am in the first year.

Could someone please give me some suggestions on how to deal with this? My plan is to keep very good track of what it actually costs me to keep the kids for the 2 weeks of the month that I have them. Then I would be willing to pay that much at most. Keep in mind that she will still be getting about $2300 per month in spousal at this point in time.

Other options that I would like to avoid would be quitting my job, selling assets to my sibling for $1 and just being a bum.....or fighting it in court until the lawyers get rich.

Hopefully someone can give me some suggestions, I'm so sick of paying for everything, and I have 5 years left. I don't work hard so that my ex-wife can live a better life. I already earned the money to get her a house which should be free and clear right away, I'm done!

Thanks in advance.

rockscan 10-01-2017 07:09 PM

Sadly theres a thing called the federal child support guidelines which means you pay the amount based on your income. If you have 50/50 offset her income comes into play but at that difference it will still be high.

Good luck quitting your job as she can have an income imputed to you and you will be paying the same, have no income and most likely pay her legal fees.

You could try to work on the spousal and try to get her to work but that will be unlikely.

Let go of your bitterness, it does nothing for you.

arabian 10-01-2017 07:21 PM

if you make 2 x what you made at separation then you will, indeed, pay more - child support guidelines.

Did you have your SS amount determined through trial or did you consent?

How many years were you married and how old are you and your ex?

Selling your things to your siblings for $1 is a one-way ticket to hell unless you like the idea of putting them through aggressive litigation. Yes, maintenance enforcement can and will go after them if they are hiding your assets.

A $300,000.00 home? Where does one buy one so cheap nowadays?

Acadia71 10-01-2017 08:43 PM

Quote:

Originally Posted by arabian (Post 223882)
if you make 2 x what you made at separation then you will, indeed, pay more - child support guidelines.

Did you have your SS amount determined through trial or did you consent?

How many years were you married and how old are you and your ex?

Selling your things to your siblings for $1 is a one-way ticket to hell unless you like the idea of putting them through aggressive litigation. Yes, maintenance enforcement can and will go after them if they are hiding your assets.

A $300,000.00 home? Where does one buy one so cheap nowadays?


I consented to the spousal support. I'm 38, she will be 37 shortly. We were married 10 years......I agreed to too many years of spousal as far as I'm concerned.

The home is in Cold Lake Alberta. 30 year old single family home. List price was $315k, I haven't checked actual sale price yet but regardless, she should be virtually mortgage free.


So what happens if I just quit my job, or conveniently get fired from it?

She is capable of making $60k for sure but chooses to do basically nothing. How do I get out of this?

I'm all for supporting my kids, but they don't need $1800 per week spent on them......I don't spend that much on them, not even close.

The system is ridiculous.

Acadia71 10-01-2017 08:46 PM

Quote:

Originally Posted by rockscan (Post 223880)
Sadly theres a thing called the federal child support guidelines which means you pay the amount based on your income. If you have 50/50 offset her income comes into play but at that difference it will still be high.

Good luck quitting your job as she can have an income imputed to you and you will be paying the same, have no income and most likely pay her legal fees.

You could try to work on the spousal and try to get her to work but that will be unlikely.

Let go of your bitterness, it does nothing for you.

I get that the bitterness does nothing for me, but why should I work to give so much away? At what point is it just excessive? It doesn't cost $3600/month to have 2 kids for 2 weeks out of the month.

Acadia71 10-01-2017 08:49 PM

I get a little bitter when I go to her house and she is doing a huge renovation with no income then offers to SELL me the leftover linoleum she has.......why would I want to pay for it twice?

I'm only human. I apologize for that

arabian 10-01-2017 08:57 PM

Quote:

Originally Posted by Acadia71 (Post 223889)
I get a little bitter when I go to her house and she is doing a huge renovation with no income then offers to SELL me the leftover linoleum she has.......why would I want to pay for it twice?

I'm only human. I apologize for that

Court looks at what sort of lifestyle children would be enjoying if parents stayed together. It's not their fault that their parents fucked-up and separated.

Go ahead and try to reduce your support by intentional underemployment or unemployment. Your ex will get the best lawyer that money can buy and nail your ass to the ground. You will have arrears that will never leave you and when you come to your senses and get a job again you will find that MEP Alberta has garnished your wages (yep even if you are a subcontractor so don't even think about it).

10 years is not a long marriage. You can/should have a review built into it. If your lawyer didn't do this then get another lawyer. Your ex and you are young. Your ex is young enough to retrain to re-enter the workforce. If she doesn't then it's not your concern, all you need to have in place is gradually increasing wage imputation on her. A competent lawyer will guide you on this. Spousal support range for your circumstances are not indefinite. Having children though is a long-range thing. Hopefully your children will go to university and you should make financial plans for that. A good argument is that you want to take SS payments and redirect them to children's education fund. This way you still get the tax benefit and have knowledge that children's education is getting funded. What plans does your ex have for the children's university education? A good question to pose to her at some point.

Acadia71 10-01-2017 09:36 PM

She went on vacation to BC and left the kids with me, she is just looking out for herself. I know how most people likely think I'm an asshole for posting this but I have my reasons to be frustrated.

I'm sorry but the system is a joke.

rockscan 10-01-2017 09:45 PM

Joke or not you are in it and subject to the rules. You allowed this situation to happen over ten years where she wasn't working. If you want to fight, work on getting an income imputed to her for child support purposes and take the kids 50% of the time.

Acadia71 10-01-2017 09:53 PM

Quote:

Originally Posted by rockscan (Post 223893)
Joke or not you are in it and subject to the rules. You allowed this situation to happen over ten years where she wasn't working. If you want to fight, work on getting an income imputed to her for child support purposes and take the kids 50% of the time.


Can she agree to taking less? If I get it in writing can she come back at me?


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