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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #31 (permalink)  
Old 06-20-2016, 02:00 PM
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How much are you going to save from imputing income? I think you need to re-assess your financial situation....

As far as I am considered imputing income to a woman/recipient is a shell game....

Find me cases where "recipients" are imputed income, few and far in between but the man/payor its almost guaranteed...
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  #32 (permalink)  
Old 06-20-2016, 02:20 PM
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Quote:
Originally Posted by Links17 View Post
How much are you going to save from imputing income? I think you need to re-assess your financial situation....

As far as I am considered imputing income to a woman/recipient is a shell game....

Find me cases where "recipients" are imputed income, few and far in between but the man/payor its almost guaranteed...


I think part of it is that they have 50/50 and the judge told his ex to get a job. His order didn't have an order for her to get a job so shes playing this quite effectively. He will need an order to impute income and since the judge scolded her about finding work, it may not be as uphill a battle as others. Plus they're at 50/50 so it needs to be finalized that he pays off set.
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  #33 (permalink)  
Old 06-20-2016, 02:35 PM
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Quote:
Originally Posted by Tayken View Post
Hot off the presses:

http://www.canlii.org/en/on/onsc/doc...6onsc3252.html

How to impute income against someone who isn't making enough. Careful detail by this judge on how to do it.
This doesn't apply at all. Find cases where unemployed support recipients are imputed income, it is exceptional.
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  #34 (permalink)  
Old 06-20-2016, 03:21 PM
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Quote:
Originally Posted by rockscan View Post
I think part of it is that they have 50/50 and the judge told his ex to get a job. His order didn't have an order for her to get a job so shes playing this quite effectively. He will need an order to impute income and since the judge scolded her about finding work, it may not be as uphill a battle as others. Plus they're at 50/50 so it needs to be finalized that he pays off set.
The order states that ex is to seek Full time employment, and when she finds it to notify me and we would use the "Offset CS" computation.

The order even states that the mom will find daycare svc's if she finds that childcare is getting in the way of her finding work. (This was before school started).

So the order seems to really hit the "find a job" thing hard. Not sure how much skipping around this she can do given the strong wording of the order.

I can easily show my student loans, etc that Im still currently paying which are causing considerable financial turmoil. But I believe that the onus wil be more on her to prove how/why she isn't working F/T .. Tim Hortons is even hiring.

I'll go in to court with all the available jobs both in Gatineau (15 min drive over the bridge) and here in Ottawa that she could have. There are tons .. even in the customer Service field, which is where she worked proir to being pregnant.

Just not sure how/when to make my move. I'll read Tayken's caselaw tonight and take some notes.
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  #35 (permalink)  
Old 06-20-2016, 03:21 PM
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Originally Posted by Links17 View Post
This doesn't apply at all. Find cases where unemployed support recipients are imputed income, it is exceptional.
I'll certainly look that up too.
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  #36 (permalink)  
Old 06-20-2016, 03:26 PM
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Some orders are not enforceable. I don't know how one can enforce someone to work. Therefore income has to be imputed which would result in your not having to pay your ex much child support would it not?

If you used minimum wage calculations against your current income would it make a difference? Because your daughter isn't in school until the Fall that might be all you would be successful in obtaining at this time. Others probably have a more experienced view than mine though.
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  #37 (permalink)  
Old 06-20-2016, 05:10 PM
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From what my partners lawyer said, he would have had to show a reasonable effort and even then he could still have been imputed BUT it would have been a question of what income--his field of study (which he doesnt practice in) or the income for our regional area (which is lower than provincial averages).

I interpret this for LF32s case as his ex doesnt show anything so he can argue to impute her for the income she is educated in vs the income for part time or low income full time work outside her field. If it was me and I was staring down the expensive end of the scale for imputation, Id be doing my damndest to say "well your honour Im currently making $30000 a year but am actively seeking employment in my field at $60000" and then hope to god that my ex wasnt prepared to say "ok I will accept the lower amount for one yearbut request enforceable language that says it goes to $60000 in a year unless she can prove otherwise".
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  #38 (permalink)  
Old 06-21-2016, 12:38 AM
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Quote:
Originally Posted by Links17 View Post
How much are you going to save from imputing income? I think you need to re-assess your financial situation..
I absolutely agree and said pretty much the same thing already on this thread. See?

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Originally Posted by SadAndTired View Post

Also, do a cost/benefit analysis on whether imputing income is worth it.

From what I know of the EA's incomes, you pay around $300 a month in CS. If you imputed income of 20,000 on her, you will pay $155 a month. Is it really worth it? All of your child support comes off her welfare anyway. She is not ending up farther ahead. I think you just want to win.
I think you need to do some budgeting. You said your girlfriend is working alot. Is she not paying her part of the expenses for herself and her daughter?

If creditors are calling then you cannot afford the extra curricular activities that you have your daughter in. If she has had her recital, then dance is likely done for the summer and will start again in the fall. That is one savings. Stop all extras until your budgeting issues are resolved.

Your ex is not getting rich from your child support. Even if she was to work, your support would only go down by half or so. It shouldn't be too hard to earn the extra $150 a month to make up the difference.

Are you hoping she will make more than you so she will owe you child support? Is that the end game?

Ex is likely living on much less than you are as welfare doesn't pay much.

I think budgeting is your best bet. Imputing income and enforcing the order for ex to get a job will not be a quick process. The end result will not solve your financial issues right now (and they are likely not a result of paying CS either).

You need immediate solutions, not a plan to change ex's life. Money issues spiral out of control very quickly. Get financial help if you know little about budgeting.

Last edited by SadAndTired; 06-21-2016 at 12:41 AM.
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  #39 (permalink)  
Old 06-21-2016, 01:19 AM
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A judge will never force someone to work and no order will be made for the matter. What you must do is ask the Court to impute an income based on the education and experience of your ex and based on the average that people earns in your region for that same field. You must make your own research. Look up for data with Stats Canada, look for employment ads and salaries that people makes presently for the first three years as new comers. I am pretty sure you can find the basic salary for Paralegal at the Court house and some Law firms. Look up ZSA Legal Recruitment | Canada's Most Trusted Legal Recruiters and also the projected salary scale from colleges and university offering the same type of education.

If you show the judge you have made those research to find all the evidences to support your motive to impute her an income, you might have more chance of success. At the very least, she will be impute at minimum wages for the next 2-3 years and then increase based on expecting to work in her field by then.

The key is to impute income but never ask the judge to force the other to work. You don't want to look as a dictator. Judges like to make a decision on well presented documentation.
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  #40 (permalink)  
Old 06-21-2016, 01:19 AM
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You're paying the full table support now, even though you have 50/50, right? It sounds like this should be the first thing to be fixed legally. Even if you were successful at imputing an income to your ex, if you're not paying offset, it wouldn't reduce your CS payments (based on your income).
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