Child Support Yearly Calculations

[Momymonkey]

Hello Again,

I have a CS question..................my agreement has nothing in it pertaining to making arrangements for adjustments to CS, what is the common practise?

I have been doing the following............Since 03, everytime I recieved a raise, I increased it immediatly.
After 7yrs my x has decided that I havent been paying enough..............my question is, when line 150 of 09's my assessment says I made(ie 30k), but I paid for 6 months at 08's(ie 25k) income and 6months at 09's income, would there be a payback of those 6 months in 08...............O god I hope that made sense.

Thanks for your answers/advise.

[NBDad]

Typically CS is adjusted yearly, to avoid re-calculating things every single month. However, what YOU are doing is actually how things are supposed to be done.

You get a raise, you voluntarily increase the CS you pay. Barring that, you pay based on your line 150 amounts from the last year's income taxes.

There is a reason that the CS tables are based on a YEARLY income, not a monthly or hour one. It simplified things.

She doesn't have a leg to stand on, especially if you have been doing this voluntarily and in good faith. She can't just arbitrarily decide you aren't paying enough.

[NBDad]

Let me try to explain how it typically works....

CS is always offset a year when you use the Notice of Assessment's and the Tables. If you do a JULY TO JUNE payment schedule, it helps this a bit.

(Basically you start your "new" CS year in July, as that coincides with other government payments, such as the GST or CCTB/UCCB).

The mistake your ex is falling into is thinking that the fiscal year is the same as a full calendar year. Not always the case.

You pay 2009 based on 2008, you pay 2010 based on 2009. So yes, if you made more money, your CS should increase. The reverse is also true, if you make LESS, you pay less.

It works both ways and is typically setup that way to protect everyone. Otherwise you'd be running back to court every single year to have things re-calculated and remade into a new order.

[blinkandimgone]

She doesn't have a leg to stand on, especially if you have been doing this voluntarily and in good faith. She can't just arbitrarily decide you aren't paying enough.

*ahem* 'He'.

[Momymonkey]

Hi NBDad,
I really appreciate the input and that is exactly how I thought it worked, the problem I have is that there is no set date for adjustments. I have just been looking at my T4's at the end of the year and adjusting in January, should I send him some sort of formal letter stating that we shall determine the annual cs in Mar??

btw, my ex is the he and I am the she.............lol.

[NBDad]

I would send a formal clarification of your intentions, though I would go July to June with it.

It then matches the same time as the GST, CCTB/UCCB recalculations done by the government each year. Makes it easier to keep track of everything. (not sure if you have a 40-60 offset or not with the kids, if you do it makes even MORE sense, as you both should be splitting the CCTB payments)

Like I said, it's reasonable, and as long as you express your intentions ahead of time (might be a bit late to do it NOW, but if you do it for NEXT year, it gives him 11 months to get used to the idea)

[Momymonkey]

That is a good idea NBDad, I think I will do that for next year. We do not have a 40-60 split, unfortunatly Im out of the school district by a few km and it was in my sons best interest to finish his school with his Dad, so we have continued with the everyother weekend and I see him sometimes, when he has time for me.........lol, during the week. I will probably only have a few years left of CS as the last one will soon be of age..............