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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 07-25-2016, 10:18 AM
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Judges and lawyers make mistakes all the time. I'm thinking for that touchy issue #2, both parties have to be reasonable otherwise both will be poorer and the lawyers will be richer. Since both could either win or lose the case, the best solution is an immediate compromise. I'd suggest looking at what she receives on EI and what her regular salary is and calculating child support based on the midpoint of those two figures for the period of her maternity leave (one year).
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  #12 (permalink)  
Old 07-25-2016, 05:23 PM
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Originally Posted by Desperate_Dad View Post
I have to jump in here again but I'll go backwards

Issue #1

You guys have got to stop this nonsense about Line 150 being income for child/spousal support purposes. Line 150 is NEVER income for child/spousal support purposes. I have fought this issue in two trials where I said it was not income and her and her lawyer said it was. I WON both.

Rental income is clearly investment type income where you are giving up something to get income. In this case, she is giving up space in her home that she cannot use for her personal use. She should not be punished by paying support for this income. No one has an obligation to rent out part of their home. This income should definitely be excluded. I would be more than happy to fight this issue on your behalf to prove to all these guys that Line 150 is not income for child/spousal support purposes. Maybe you should talk to that woman on here who has an ex who is a doctor and his line 150 income was about 150,000. He's really earning over 500,000. I rest my case.

No, line 150 is the default starting point for child support (spousal support is a whole different kettle of fish). Sometimes there are circumstances which mean that line 150 is not a good indicator of income (e.g. one parent is a riverboat gambler who makes all his/her money in cash winnings or a specialist doctor who writes off most of his/her actual income), but for 95% of us, line 150 is used. See the CRA on how to calculate income for the purpose of child support (We couldn't find that Web page (Error 404) - Department of Justice / Nous ne pouvons trouver cette page Web (Erreur 404) - Ministère de la Justice

"Under the Federal Guidelines, you can do one of the following:

1. Agree in writing about your annual income.

If you both agree on an amount and you need to go to court with your case, a judge may use that amount to calculate child support if the amount seems reasonable, based on the documents required and rules found in the Federal Guidelines.

2. Apply the specific rules set out in the Federal Guidelines.

Under these rules, the total income shown on line 150 of your most recent income tax return or your notice of assessment is a good place to start.

You may need to adjust your income if, for example:

your income varies a lot from year to year;
you received a one-time payment, such as a bonus;
you live in another country where tax rates are very different;
you pay or receive spousal support;
you receive the Universal Child Care Benefit.

In some cases, the amount of income shown on line 150 of a tax return or notice of assessment may not be an accurate indication of available income.

In cases that go to court, a judge may need to increase the income amount in order to calculate an appropriate child support amount. This is called "imputing" income. It may happen if, for example:

you are deliberately underemployed or unemployed (unless the reason is related to the care of a child, health or the pursuit of reasonable education);
you do not have to pay income tax;
you do not provide accurate and up-to-date income information;
you live in a country where income tax rates are a lot lower than Canada’s;
you get a large portion of your income from dividends, capital gains or other sources with a lower tax rate;
you are, or will be, receiving income or other benefits from a trust.
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  #13 (permalink)  
Old 07-25-2016, 05:59 PM
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If you go to court you will get additional child support for being pregnant. Being pregnant is about the same as an illness preventing you from working. Yes, it is a choice - but it is a reasonable choice. (I don't personally agree, but this is the state of the law imo)

Rental income will be counted as income minus the reasonable expenses of the business - what you write on tax documents has no value for superiour court judges.
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