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

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  #11 (permalink)  
Old 04-04-2017, 11:05 AM
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Quote:
Originally Posted by rockscan View Post
Hammerdad, also note that OP's agreement states income change triggers an immediate change to cs. My partner had this clause in his agreement as well and cs went up when he found work.

My partners lawyer also advised him that cs changes when your income changes regardless of what the FCSG and an order says. If you start making more (or less) money mid way through the year, cs is supposed to change immediately to benefit the children.
My agreement doesn't provide for this, but I've always updated immediately my c/s as my income has increased. It is just easier that trying to determine the amount made in the year.

That said, the ex's income has increased and they have notified the OP. The ex is correct to base their income off of the amount they are supposed to make this year at their job, plus any EI they've collected during the year.

The guidelines state that c/s is determined on an annual basis. In most cases, annually means calendar year. If annual is March to March, than you go with that.
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Old 04-04-2017, 11:45 AM
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Quote:
Originally Posted by HammerDad View Post
My agreement doesn't provide for this, but I've always updated immediately my c/s as my income has increased. It is just easier that trying to determine the amount made in the year.

That said, the ex's income has increased and they have notified the OP. The ex is correct to base their income off of the amount they are supposed to make this year at their job, plus any EI they've collected during the year.

The guidelines state that c/s is determined on an annual basis. In most cases, annually means calendar year. If annual is March to March, than you go with that.


The prevailing theory is that cs is to be similar to if the spouses had not divorced. In an intact family, the kids would benefit immediately from an increase in income. Which is why you are technically supposed to update immediately. The FCSG information actually has an item stating that if your income has gone up or down since your last return, you are to use the most up to date income to change cs.
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Old 04-28-2017, 10:06 AM
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So clarify for me, if I am making $100k a year and I lose my job due to legit reason (lay off, medical reason, etc) in Feb I can go to my ex and say my CS will cease starting next month (March) until I get new employment. If I can't find employment/inome my CS is zero for the rest of the year?

and then in July when I give out my NOA and it says i made $100k last year my CS still stays at zero because I'm not working?

Then after July I find a job, don't tell my ex and make from July to July the following year $100k I only have to pay CS based on $50k for a year?

That doesn't make sense to me, maybe I am missing something. I would think it is based on last years income and that I should be setting enough money aside each month for support for the next year based on last years income.
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Old 04-28-2017, 10:19 AM
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My partners lawyer explained it this way: most agreements and the FCSG dictate you exchange tax returns and update every year HOWEVER income can go up or down outside of the tax dates THEREFORE you SHOULD update when it changes. The FCSG even state that if your line 150 is not a true indicator of your current income you are to use other sources to prove your income.

If you lose your job, it is assumed you will immediately file for EI which is an income (normally a percentage of your income and not less than $24,000). Your CS would be based on that and then you immediately increase when your income changes.

For instance, my partner lost his job. He reduced cs to EI income. He got a new job and automatically increased the month it happened.

The supreme court decided that it is considered blameworthy for a parent to not update or advise the other parent on cs. You are obligated to keep the recipient updated at all times of income changes.
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Old 05-02-2017, 01:07 PM
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What if you don't have EI because you were self-employed and didn't pay into it?
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  #16 (permalink)  
Old 05-02-2017, 02:27 PM
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Your ex could argue for imputing your income. As a self employed individual you should have savings to cover off your income/obligations in the event of losing your job. Especially if your income was more than $100,000 per year.

As much as it sucks, you would still be on the hook for cs and if you can't come to an agreement with your ex, prepare yourself for imputation.
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