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

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  #1 (permalink)  
Old 11-30-2016, 09:56 PM
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Default Quick question

So my separation agreement states i pay X amount based off set off amount. Both our salaries at time of separation
We are too exchange taxes in June or whatever. But that's ALL it states. Nothing about making adjustments. Just exchange taxes?
Does this seem odd? I've told my ex to just send me her T4 and I'll adjust based off the tables (I send an automatic direct transfer monthly to her account). But if I didn't do it? How does it get changed. Far as I can tell there is no "order" just what currently pay (from 2013)
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Old 12-01-2016, 11:48 AM
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So my separation agreement states i pay X amount based off set off amount. Both our salaries at time of separation
We are too exchange taxes in June or whatever. But that's ALL it states.
That is all it needs to state. The FCSG outlines everything. So you don't need to restate that which is outlined as LAW.

Federal Child Support Guidelines

See section 16 of the LAW. That is why it is a law... So you don't have to recite it in every agreement.

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Nothing about making adjustments. Just exchange taxes?
You are wise to follow what is required under law in the Federal Child Support Guidelines. It is the LAW. (See link above.)

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Originally Posted by phatkid77 View Post
Does this seem odd?
No. You don't have to detail existing law that governs the agreement. That is why it is a law. You need to follow the law.

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Originally Posted by phatkid77 View Post
I've told my ex to just send me her T4 and I'll adjust based off the tables (I send an automatic direct transfer monthly to her account). But if I didn't do it? How does it get changed.
When two parents don't act in accordance with the law they can see resolution through he court. In the case of one parent not agreeing to change the CS in accordance with the LAW then the other parent can see a motion to do so and seek their costs for having to do so.

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Far as I can tell there is no "order" just what currently pay (from 2013)
No you have to follow the law. If you don't you will be ordered to do so and have to pay the other party's costs. As well, you will have to pay back child support for the years you didn't follow the law.

Ignorantia juris non excusat.
Ignorantia juris non excusat[1] or ignorantia legis neminem excusat[2] (Latin for "ignorance of the law excuses not"[1] and "ignorance of law excuses no one"[2] respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.

https://en.wikipedia.org/wiki/Ignora...is_non_excusat
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Tayken
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Old 12-01-2016, 11:56 AM
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Lol. I'm guessing this has something to do with THE LAW! Hahah.
Thanks.
Question about arrears tho.. I read something here I believe. But read the other party can't seek arrears if they never notified a change in income or saying they seeked a change?

I have no problem adjusting CS. The other party thinks I'm hiding income or something f lol


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Old 12-01-2016, 12:02 PM
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Question about arrears tho.. I read something here I believe. But read the other party can't seek arrears if they never notified a change in income or saying they seeked a change?
There is no absolute on this. As Janus always warns everyone, if you are going to seek money from the person whom your CS payments are provided to you have a phat chance of winning kiddo. Generally the court doesn't strip funds from the person getting the CS to pay back the other parent.

If there there is money owing the court generally orders the CS payer to pay up. You BOTH have a responsibility to file the law. So in a situation where the other parent who gets the CS is making more and not disclosing income you are obligated to seek a motion to get the disclosure and adjust the CS.

I have seen a pile of orders go through recently where the HIGHER income earner was the one to bring the motion, win, pay higher CS and get costs ordered against the other parent. Its rather silly that they have to do this.

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I have no problem adjusting CS. The other party thinks I'm hiding income or something f lol
It is hard to hide money. Revenue Canada likes to collect taxes so it is often hard to hide money. As well, generally people who can successfully hide money have LOTS of money and pay people to hide it. I suspect this is not the situation you are facing.

Some people like to fight and make up all sorts of funny ideas of how people are hiding money. Most people making less than 200,000 are not hiding money. They don't have the resources to pay someone to hide their money for them.

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Old 12-01-2016, 12:11 PM
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Yeah I know. Lol. My issue is I'm a. Slacker at filing taxes. And because the order says exchange taxes. This is what she wants. Since my income barely changes. Couple grand UP or down depending on holidays worked. I just need her t4 as to what SHE made then adjust from there. I'm not worried or thinking she is hiding income lol


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Old 12-01-2016, 01:45 PM
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You actually have no business asking for her T4. You should be exchanging NOA's after filing your taxes. She has as much right to see your income as you do to see hers.
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Old 12-01-2016, 02:25 PM
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Technically as part of the FCSG you are obligated to provide whatever proves your most up to date income. If its a pay stub, a t4 or your income tax, the one that shows a true picture of your income is what has to be provided. For instance, if you had no job in 2015 but got a job in 2016 and your income is higher than your taxes, you use your actual income not your tax forms. And vice versa, if your taxes show a high income but youre out of work you use your actual income. BUT you cant pick and choose. If you made a lot of money in 2014 but paid less than what you made you have to review and pay arrears. You cant just take whatever is lowest every year and use that. Ditto for taking whatever is higher to get the cs and s7.

Most agreements say taxes because for many people their income doesnt change much. For those who are self employed or in fluctuating job fields, you modify accordingly.
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Old 12-01-2016, 04:29 PM
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You actually have no business asking for her T4. You should be exchanging NOA's after filing your taxes. She has as much right to see your income as you do to see hers.
Very incorrect. T4s are allowable in accordance with the FCSG. If your sole source of income is from employment T4 is all you need to provide. NOAs are allowable too but, nothing stops you from just supplying all your T4s.

Rockscan is 100% correct.
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Old 12-01-2016, 09:32 PM
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I actually wasn't even thinking of the legal definitions.

He said his agreement says "exchange taxes in June". He also said he's a slacker at filing taxes. And... the other party thinks he's hiding income, and... he read that the other party can't seek arrears if they never notified a change in income. How can the other party seek a change if she never sees his proof of income. No wonder she thinks he's hiding it.

So maybe I should have suggested he offer up his T4 before asking for hers.

I'm curious how many here would offer their info to their ex and then trust their ex to figure out what the amount of CS should be.
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Old 12-01-2016, 09:35 PM
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I actually sent mine first as she was adamant on getting an adjustment and for whatever reason (control) doesn't want to send hers. I give two shits about mine. Not hiding anything. Pointless to try.
Just like when I asked for the marriage certificate to file for a divorce. That was a 3 wk ORDEAL as she didn't "trust" me like I I was up to no good
Or how when I asked for a copy of birth certificate and health cards. Got 21 questions and "what are you really up to"
I will add. OFFICIALLY DIVORCED. As of nov 26!!!


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