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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 01-16-2012, 05:22 PM
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Default Is this true?

No child support paid out if you are on permanent disability, or on government assistance?
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Old 01-16-2012, 06:02 PM
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Child support guidelines have a minimum amount required before they come into play. As disability or government assistance both pay out at a lower amount than the bare minimum needed for CS...it's essentially zero.
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Old 01-16-2012, 06:07 PM
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This has been discussed in other threads and you will get different answers. The way I see it, any source of income will be used for CS payments calculations, provided that the person's income exceeds the threshold amount for CS. The threshold used to be 8K, but I think the new CS tables (came into effect Jan 1, 2012) bumped up the threshold to $8,999. In a nut shell, a NCP will be required to pay CS if his/her income exceeds $8,999. If not, no CS will be paid.

Disability, social assistance, WCB, etc is all included in line 150 of a tax return. Line 150 is the starting point for determining the CS amount to be paid. As an example, my GF's ex was on WCB a few years back and decided to stop paying his monthly CS obligations. He felt that WCB wasn't considered income. He was dead wrong and lost the subsequent court case. His WCB was used to determine the CS amount he had to pay.

It's wrong to say that a person has no CS obligation simply because s/he is on disability or social assistance. The source of income has nothing to do with it. It boils down to whether or not they meet the CS income threshold.
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Old 01-17-2012, 09:38 PM
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I was asking for somebody, and couldn't believe it. That you can't take somebody to court on disability, nor do they have to pay support. Apparently this was lawyer saying this to the recently single mother. She needs a new lawyer I think.
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Old 01-18-2012, 08:53 AM
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My ex I believe is still on disability, of course when he did work, didn't pay me what he owed either. Because he is registered with FRO, I have a federal garnishee on whatever money he may get from the government, this includes when he files his income taxes, as well i noticed that he has been reported to the credit bureau. You can't hid forever from your respsonibilities as a parent.
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Old 01-18-2012, 07:10 PM
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So it was the dad's lawyer informing him, he didn't have to pay, or be taken to court because he is ion disability. Or even look after half his lease even.
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Old 01-18-2012, 07:23 PM
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Not sure how this comes into play but check out this link... Family Law Act - O. Reg. 391/97

Under Adjusting income it states:

Social assistance
4. Deduct any amount of social assistance income that is not attributable to the parent or spouse.


This is when dealing with CS/S7 Expenses...maybe someone can elaborate on this more?

Also just found this...

http://legal.advicescene.com/ca/ques...s-now-and-owes

Last edited by Berner_Faith; 01-18-2012 at 07:38 PM. Reason: Found more info
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Old 01-18-2012, 07:34 PM
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how the heck do i start a thread...help!!!
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Old 01-18-2012, 07:38 PM
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Go to the topic you want to post a thread under and at the top it says "Start new thread/topic" forget the actual wording up its right there!
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Old 01-18-2012, 07:45 PM
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thank you Berner_Faith....i did once before...but for the life of me i couldn't remember...thanks for the help
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