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

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  #21 (permalink)  
Old 06-17-2017, 06:17 PM
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Nope I am not self employed I am an oilfield work my income drastically fluctuates from one year to the next. I am basing it all on line 150 no expenses deducted if I had I have overpaid quite a bit
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Old 06-17-2017, 06:18 PM
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Originally Posted by Tandem80 View Post
I have a text message of her telling me to keep support the same when I had an increase in income. I was honest asked how she would like to proceed and she told me to pay the same as I have been. The next year my income decreased and I continued to pay for the shortage from the year before because I thought it was the right thing to do. Now she is seeking retroactive support. I made a chart of what support should have been what I have paid and what my income was. It is all averaged out due to the fluctuations in my income I simply paid more than the guidelines for a few years but shorted one year. No arrears.
Sounds reasonable to me.

If you are 100% confident in your numbers you should consider having your lawyer prepare and serve a Formal Offer to Settle. IF judge rules more in your favor then you can request double costs. Your lawyer can explain the process to you. Has your lawyer made an offer to settle at all? This is pretty important strategy. It doesn't mean that you think you have a weak case and want to settle the matter - on the contrary it is strategic in recouping as much of your out-of-pocket expenses (lawyer) as possible. If you don't go through this process you can end up with a favorable judgement but no costs award.
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Old 06-17-2017, 06:23 PM
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Originally Posted by Tandem80 View Post
Nope I am not self employed I am an oilfield work my income drastically fluctuates from one year to the next. I am basing it all on line 150 no expenses deducted if I had I have overpaid quite a bit
You should seriously consider incorporating your expenses. For example, travel to and from your place of employment can be costly, particularly if you are not reimbursed by your employer. Meals can be a consideration as well. The expenses that family court might discount from your claim are telephones, car payments, maintenance and gas, inflated home-office expenses, inflated salaries paid to a partner to do your books, etc.

What sort of expenses are you not including?
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Old 06-17-2017, 06:33 PM
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I have meals and lodging expenses that apparently can come off of line 150. Simeon told me unless I was self employed they probably will not accept the deduction? All my deductions are on like 229 of my tax return. Ranging from $2000-$4000. All depends on how often I am away over night. Accountant uses the simplified method where I can claim x amount a day if over 10 hours 12 hours or 24 hours...meaning being away from my municipality.
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Old 06-17-2017, 06:36 PM
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No offer to settle yet. We want them to read my response and possibly ask for an adjournment for special chambers and in between offer a settlement proposal. I have offered one on my own through email but she won't make any deals without her lawyer present. Shake my head. I have explained support to and how it fluctuates I paid $200 more than I should have last year to make up for the year prior. She just doesn't understand at.all!!!
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Old 06-17-2017, 06:37 PM
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I just skimmed over some of your older posts. So you have to travel 200km 1-way to exercise access to see your kids? She was the one who moved correct? I'd do the math (kilometers and whatever gas is in your part of the country) and calculate the amount it costs for you to exercise access (if it significant in the grand scheme of things). I believe judges will look at that and often times will actually decrease CS by that amount. Have you discussed this with your lawyer? There is plenty of case law on this.

So this whole thing came about when she wanted you to pay for higher-level hockey (which she unilaterally put your son into)? A person who doesn't work????

I visualize a judge looking at this and assessing a hard-working man who pays his bills on time and who is trying to maintain a relationship with his children.... an unemployed woman who is trying to maximize her position (paid for by Alberta taxpayers). Nauseating for sure.
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  #27 (permalink)  
Old 06-17-2017, 06:43 PM
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Originally Posted by Tandem80 View Post
I have meals and lodging expenses that apparently can come off of line 150. Simeon told me unless I was self employed they probably will not accept the deduction? All my deductions are on like 229 of my tax return. Ranging from $2000-$4000. All depends on how often I am away over night. Accountant uses the simplified method where I can claim x amount a day if over 10 hours 12 hours or 24 hours...meaning being away from my municipality.
Simplified method used by your accountant will probably be accepted by the court. You indicated in an earlier post that you had the Employers declaration form signed correct? While CRA rules sometimes don't jive with family court judges, reasonable meal expenses are generally accepted (you can't prepare your meals in the back of your pick-up truck).

If you have a simplified calculation of the increase of costs for you to carry out regular access to your children that would likely (in a worst-case scenario) balance out the meal expense. In the end, this is not super difficult mathematics and you should hopefully get a decision. Sometimes the other side will purposely leave something out and request an adjournment to a later date. This is a common stalling tactic.
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  #28 (permalink)  
Old 06-17-2017, 06:52 PM
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Mmmm well doesn't hurt to make another chart with meal expenses deducted I'll see what my lawyer says. The forms were provided to me by my employer to claim at income tax time.
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  #29 (permalink)  
Old 06-17-2017, 06:58 PM
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Ex and I owned a trucking company and I'm from Alberta so I am very much aware of oilfield. You don't work/stay in camp at all do you?
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  #30 (permalink)  
Old 06-17-2017, 07:10 PM
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So this whole thing came about when she wanted you to pay for higher-level hockey (which she unilaterally put your son into)? A person who doesn't work????

I visualize a judge looking at this and assessing a hard-working man who pays his bills on time and who is trying to maintain a relationship with his children.... an unemployed woman who is trying to maximize her position (paid for by Alberta taxpayers). Nauseating for sure.
Not to mention her husband doesn't work either they are living off $18,000 in 2015 the year they registered my son into hockey and her husband was the one that filled out the form and signed off as my sons father.

All the receipts are in his name as well. Also have a text from her stating she wasn't going after me financially to pay for it.
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