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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 06-12-2017, 08:39 PM
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Default Retro-active Support when not in arrears?

My ex has filed a motion to court because she believes that I/O her retroactive child support. In actuality I have overpaid by a couple thousand I have tried explaining to her numerous times about child support calculations etc...

Will this help in anyway of her having to pay costs for me to go to court to prove I am up to date?

She has brought forward only 4 years of my income tax. I helped her out and offered the court all of them from the beginning of our divorce. Several years worth.

Apparently I am allowed to deduct employment expenses off of line 150. Which means I have overpaid even more in child support. What about severance pay?

I am trying to do what is fair and right when it comes to supporting my children. I can't help that she doesn't understand the guidelines. So I have to pay legal fees to get a judge to explain it? She is seeking costs from me.
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Old 06-12-2017, 08:57 PM
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what sort of "employment expenses" are you deducting? As far as I know, you have to (for CRA) complete a form T220E(15) Declaration of Conditions of Employment. That may help your claim in family court that employment expenses are legit but its not guaranteed.

Why do you not go through FRO and let your ex bitch to them? That's what they are there for (aside from a collection agency for courts).
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Old 06-12-2017, 09:08 PM
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We would have to go through MEP.

The worksheet 1 on justice.gc.ca shows how to calculate income used for childsupport purposes. It allows for deductions of employment expenses from line 229 which I have.

Either way, even if I didn't deduct them, I am still not in arrears. And the bulk of the court issue is Section 7 extra-ordinary expenses for extracurricular activities.

My ex is bringing forward a stock pile of them I was never told about nor asked to contribute to. 90% of the expenses are NOT extraordinary in anyway. The rest I will pay willingly because had I been asked Or known they existed I would have paid them.

I think she wants a specific list of sports added to the divorce judgement so she can throw every receipt she can to maintenance and make me pay...how does that work when the expenses are $30 reg fees?
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Old 06-12-2017, 09:12 PM
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A T4044 is used for my employment expenses and are filed by a chartered accountant
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Old 06-12-2017, 09:16 PM
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Maybe I am wrong but my accountant says they use this deduction all the time for calculating support. That's why I am wondering if anyone might know forsure and point me in the right direction if I am wrong.
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Old 06-13-2017, 07:42 PM
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What, specifically, are the expenses you are trying to use to reduce support?
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Old 06-13-2017, 10:54 PM
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I am not "trying" to reduce support. Just never knew about the Worksheet 1 on www.justic.gc.ca that helps calculate your income for Child Support. The expenses are for Meals and lodging. I am not trying to fight the issue either just questioning if it is legit.

My ex is nickel and dimming me for sports expenses i have never been asked to contribute to nor even knew the expense existed. From 2011-2014 the sports fees total $700...I am first arguing the fact I was never asked for contribution to these nor seen the receipts until now as well as the expenses were stock piled. I do not think $700 in a matter of 4 years can be extraordinary.

If I am being taken to court for retroactive support and section 7 sports and being nickel and dimmed for these expenses I want to make dang sure my calculations are correct and if I have overpaid then she can see I have in a way contributed to these expenses already.
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Old 06-14-2017, 09:36 AM
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When did she start this court action because in some cases the court will not allow such a long retro active period.
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Old 06-14-2017, 09:40 AM
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She filed a motion in my birthday in may. But asked for financial disclosure last oct.
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Old 06-14-2017, 09:48 AM
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Have you provided disclosure throughout? Is her motion just for support? Has anything changed? Have you been attempting to update accordingly?

I ask because my partners ex filed a motion to change (not a motion for support) to continue support for kids still in school. As part of that she is requesting a recalculation of cs for the last three years AND s7 expenses she has no proof of and did not seek permission for. His response is that he had been keeping her apprised of his income changes, had provided her with proof of these changes and she refused to work on amending the original agreement. Also provided calculations for proper s7 expenses he is responsible for and advised she is claiming non s7 expenses. This is early though so I have no info other than what the lawyer has said.

You may want to seek legal advice on your response rather than getting into the weeds on calculation. What expenses are used for tax calculations are not necessarily used for child support calcs. Cases in point include truck drivers who make $150,000 but reduce their income to $20,000 with expenses. Several cases on canlii have the judge adding expenses back in to the income.
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