Spousal Support Worksheet (spreadsheet)

[Desperate_Dad]

Originally Posted by Mess

House appreciation does not generate income at all, it generates capital gains when the house is sold.

For most people, the house is sold to buy another house when they move, and since all housing prices rise with inflation, the capital gains are eaten up in the new purchase.

Often enough, my own parents being examples, the house isn't sold for keeps until the owner is deceased, so no appreciation of the house value was ever realized by the owner.

Meanwhile if you invest in stocks and receive investment income, it is income.

Lawyers look at you stupidly because they are flabergasted by your faulty logic. Make your argument in front of a judge and see how far you get.

Mess...

Your ignorance astounds me. First of all, house appreciation only generates capital gains if it is an investment property. If it is a houise that is your primary live in property, it is tax free when it is sold.

Yes Investment income is income but it is not income for spousal support purposes. Let me give you an example so you can understand this clearly.

Lets say a person invests 20,000 in a TFSA (Tax Free Savings Account) and another person invests 20,000 outside of a TFSA.

Say both investments return 25% return for one year and they are sold. For the person investing inside an TFSA, all investment gains are tax free so it doesn't appear on the tax return.

Outside of a TFSA, it is a taxable capital gain at 50% so 2,500 appears on the tax return. Both made a gain yet one appears on the tax return and one doesn't. The proper approach is to exclude investment income for spousal support purposes.

Mess, what I have learned about you is that you are good at spouting off the "rules" of spousal support. What you fail to look at is whether the "rules" make sense. Investment income is one such example where it should definitely be excluded for spousal support purposes but lawyers and judges can't comprehend this.

I am well aware that talking to a judge is like trying to explain calculus to a 2 year old. I have been through that already. In my case, he ruled against me 100% and I was able to get his decisions all overturned after two years.

Lawyers and judges wouldn't know intelligence if it slapped them in the face.

[Desperate_Dad]

I have been getting alot of questions where one spouse is disabled and how this effects spousal support. So if this is your situation, here is the perspective I can offer.

(1) A disabled individual could be receiving up to 4 types of income

(i) A company disability payment - If the company pays any portion of the LTD payment while the individual is working then it is taxable. If the individual pays 100% of the premium then it is non taxable when paid out.

(ii) A personal disability policy. A salaried person may top-up their company plan as the maximum company coverage may be inadequate. As it is 100% out of pocket for the premiums, this policy is non taxable. In addition, a self employed person could have a non taxable policy or even a taxable Wage Loss Replacement Plan policy if two or more individuals are involved.

(iii) Children's Disability Benefit. Up to age 18, a disabled individual would receive a child disability non taxable benefit. This needs to be accounted for in spousal support. After the child turns 18, the benefit is paid directly to the children while they are in school and should therefore not be accounted for.

(iv) CPP Disability Benefit - A taxable benefit paid to the recipient from the government.

Now how does the spousal support calculator and lawyers handle these benefits? Pathetically sad to say. But again lawyers and their staff are not known for intelligence.

Because they are so fixated on Line 150 income which as I have explained before may or may not properly represent income for spousal support. Frequently non taxable income is missed even though there is a spot for it on the calculator. Secondly there are two areas on the spousal support calculator where this information could be entered.

CPP Retirement Benefit & CPP Disability Benefit

It says enter Box 14 of the T4A under CPP Retirement Benefit and Box 16 of the CPP Disability Benefit. The problem is that Box 16 is already included in Box 14 so if you do what the calculator says, it will duplicate disability payments. This problem was somewhat alleviated when the Canada Revenue Agency revised the T4A which removed Box 14. The only amount that should be entered is Box 16 of the T4A. Maybe Mark Harris and his gang of bandits at Divorcemate will read this post and fix their calculator.

Any non taxable disability benefits (children benefit/ personal policy/company non taxable) should be accounted for in the "other non taxable" section of the spousal support calculator but this is frequently missed because it doesn't appear on their tax return.

While Mess would like you to believe lawyers are "godlike" and work for their client's benefit, they do exactly the opposite. Virtually all of them are unqualified, incompetent and criminals. They are at least 95% of the problem in Family Court.

Hope this post helps anyone looking to account for disability income correctly.

[Desperate_Dad]

One thing I forgot to mention in my previous post is a huge error in the Tools 2K11 Spousal Support Calculator.

There is a section where it asks if the recipient, payor or children are "disabled"

This is incorrect and very misleading. If you click "Yes" to this question, it gives that person the Disability Tax Credit which is a huge tax writeoff (I think it is about 8,000 per year)

The fact is that most disabled people do NOT get the disability tax credit and if entered incorrectly will cause a huge distortion in the amount of spousal support payable.

The question should ask "Is the Individual receiving the Disability Tax Credit?"

And yes, I have told them about this error.

Do they fix it? NO

Why? Because Mark Harris and his bandits at Divorcemate are criminals and they do not care whether it is right or not.

[Mess]

Originally Posted by Desperate_Dad

Mess...

Your ignorance astounds me. First of all, house appreciation only generates capital gains if it is an investment property. If it is a houise that is your primary live in property, it is tax free when it is sold.

You are an idiot. You are obviously well read and obsessed with thinking about this but you blind yourself to the obvious and hide behind bullshit when you are wrong.

House appreciation is capital gain... NON-TAXIBLE CAPITAL GAIN. It is not income. If you honestly think it is income you need a psychiatrist.

[Desperate_Dad]

Hi Everyone:

Sorry for my AWOL status.

I won't even bother replying to Mess which I just saw. Man this guy must work for a law firm because he has zero intelligence.

To but it bluntly, I burned out. Between assisting other people, 12 hour days at work and my own ongoing legal issues it simply took a toll on me. To make matters worse, the computer I was using conked out and I lost the spousal support program. I am working to see if I can get it back.

There are simply so many of you that need help and I understand that. I have been thinking about the best course of action to take and I have come to the conclusion that a youtube video is the best way to go. This will expose the massive incompetence and criminal activity of lawyers as well as expose the corruption of the entire family law system.

I can't do this alone. When I do make this video (which I hope to do in the next few months) I need it viewed. One thing the government will respond to is when the people are mad. Otherwise they ignore you. I had the displeasure of receiving a letter from the Federal Justice Minister who has proved beyond any doubt in my mind that he is mentally retarded.

Just in case some people might give this Mess guy any credibility. I want to inform him and all of you that I was able to completely reverse 100% of the judges decisions and put them in my favour. Simply because I am right and Mess, lawyers and judges are wrong.

I've got my ex's former lawyer in disbarment for incompetence and criminal activity and lo and behold she has a new one that is just as stupid as the last one. This one thinks RRSP income should be included in the calculation for child support. I said...wait a second - you give her all the income and my reward for avoiding bankruptcy by cashing RRSP's to survive and pay lawyers fees is to pay more child support on that income? I said bring your motion and I'll destroy you.

I remain unchallenged and no motion has been brought forward.

I was able to reverse my situation because I am an accountant who is an expert in income assessment. I was one of the ones who warned about letting people declare their income and instead promoted tightened underwriting standards. We all have seen what happens when you give money to people who cannot afford it. It can bring down the entire financial system.

The Family Court system is destroying people's lives by calculating people's income incorrectly and awarding incorrect amounts of child/spousal support.

I realize many of you are in dire straits and I will do my best to make lawyers account for what they have done.

Right now they are trying to ignore me hoping that I will go away. Well I'm not going away.

When I finish the video, I will post a link here so you can understand exactly what is happening. Together we can change this system.

[valentine]

You are doing a great job!! thank you so much for your help!

[shellshocked22]

Hey Desparate DAd:

Just a quick note to let you know how much I appreciated you helping me back in the spring. You truly are doing a huge favour to the folks getting screwed over here and you are to be commended for it.

Keep up the good work my friend and I"m glad you were able to reverse the screw ups on your own case by the courts.

Take cARe !

[BeenThereTwice]

What does UCB mean in the spreadsheet? Anyone know?

[blinkandimgone]

Universal childcare benefit.