Retroactive vs Ongoing Child Support

[gmcode]

Hi all,

Please bear with me for a moment, just want to make it clear how it works.

If there is no existing order or agreement, when a court orders a retroactive, prospective child support or both, the court always looks at the payers current income, is this correct? While arrears are something have been ordered and need to pay regardless of payers income, am I right?

Thanks

[rockscan]

Hi all,

Please bear with me for a moment, just want to make it clear how it works.

If there is no existing order or agreement, when a court orders a retroactive, prospective child support or both, the court always looks at the payers current income, is this correct? While arrears are something have been ordered and need to pay regardless of payers income, is it I right?

Thanks

A court would normally order up to three years retroactive support based on the income of each of the years.

[gmcode]

Thanks rockscan, is my above statement correct?

BTW. I heard the law changed last year, it might go all the way back to beginning, and the custodial parent even doesn't need to have a notice of request for CS?

[Kinso]

If known they would prefer to use your income at the time.

So if there are arrears for 2018, they’ll use your 2018 income.

[gmcode]

thanks Kinso, what if there is no income in past years, or the income is lower than the $10,000?

[Kinso]

Then it’s a question of reasonableness and imputation.

[gmcode]

They won't order support based on asset, property, etc?

[rockscan]

They won't order support based on asset, property, etc?

Not normally but they could impute your income if you say you had none but bought a house or car for a lot of money. Or if you got a mortgage the other side could ask for bank records to see if you had income.

[gmcode]

how about the house or savings that has been already there prior to the case?

[rockscan]

If you can prove you had it then no. If you reported income to secure a mortgage then you will have an income imputed.

[gmcode]

what if sold the house? can the money(sitting in the bank) from the residential property sale be ordered to pay CS? thanks!

[rockscan]

what if sold the house? can the money(sitting in the bank) from the residential property sale be ordered to pay CS? thanks!

Only if there is a retro order so no.


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[JCOakville]

I thought they would look at 2017 Income for retro CS for 2018?

[rockscan]

I thought they would look at 2017 Income for retro CS for 2018?

No. Once your income is known they can calculate accordingly. The only time they look at the previous years income for current cs is if the current year isn’t known.

[Stillbreathing]

If you have no income but sold a house and that money sits in the bank they will look at two things: 1) any interest that money makes
2) capital gains made from the sale of the house
Both those things can be considered as income for cs or ss purposes