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

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  #1  
Old 01-16-2018, 11:24 AM
Futureisbright Futureisbright is offline
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Default Imputing income

My STBX is 39, very capable of working full time in a similar role she previously held making 40-45k per year. She currently is underemployed and working for cash making 16k tax-free for about 15 hours per week working.

Anybody see any reason i shouldnít be able to impute her to at least min wage $30k in order to calculate set-off CS?

Additionally since weíve only been together 8 years and Iíll be paying CS to the time of 120-1500 I hope to avoid SS altogether. Thoughts on that?
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Old 01-16-2018, 01:54 PM
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Janus Janus is offline
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When is the last time she worked full time and made the 45k?


Why did she stop?
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Old 01-16-2018, 04:38 PM
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plainNamedDad44 plainNamedDad44 is offline
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Quote:
Originally Posted by Futureisbright View Post
My STBX is 39, very capable of working full time in a similar role she previously held making 40-45k per year. She currently is underemployed and working for cash making 16k tax-free for about 15 hours per week working.

Anybody see any reason i shouldnít be able to impute her to at least min wage $30k in order to calculate set-off CS?

Additionally since weíve only been together 8 years and Iíll be paying CS to the time of 120-1500 I hope to avoid SS altogether. Thoughts on that?
I would go after her if I were you. serve a Request for information (Form 20) for the following:

1. Description of efforts in finding appropriate employment in the last 3 years.
2. Description of her employment activities currently.
3. Bank statements, Credit card statements, and other statements of lines of credit or debt.
4. Statement of expenses.

The pertinent statute law is within the Federal Child Support Guidelines. Section 19. Have a read.

http://laws.justice.gc.ca/eng/regula...75/page-3.html

If she fails to provide sufficient disclosure, seek an order for it and ask for costs. If she still does not disclose then proceed with a motion to impute citing the lack of disclosure as grounds for an adverse inference in your favor

Good luck.

PND

Last edited by plainNamedDad44; 01-16-2018 at 04:40 PM.
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Old 01-16-2018, 05:04 PM
Futureisbright Futureisbright is offline
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Janus,

She last made the 45k in 2012 before our 2nd child was born. She was offered a layoff while on mat leave with our 2nd which she took. She could have taken a pay cut as she was in a union shop.

She has since ran in-home daycare earning up to 120 per day when she was maxed out on 3 kids in care so that alone is $30k before expenses.

PND,
So far so amicable, she hasnít asked for a certain $$ figure yet, is waiting for my offer and Iím trying to be fair so as to get it right on the first try. But donít want to be a chump either of course. I appreciate your insight but I hope we donít have to go down that road. She has disclosed to me exactly what she made under-the-table for 2017: $12k

Robin
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