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  • Income for SS - past or current?

    Ex wants to use 2012 income to determine SS. We are using current income (2012) for CS. I was under the impression that for Spousal Support we had to use line 150 of the 2011 taxes. We are both salaried employees, so both incomes are stable. Thoughts?

  • #2
    Is it making that big of difference if you use 2012 over 2011?

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    • #3
      About $15,000 worth... I know Tayken had worked it out to be a few 100s/month, but it's a lot when you add it up!! Also, I'd rather use a known entity (line 150)... Just wondering what is usually done. Thanks!!

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      • #4
        As far as I know you always used the previous years income for CS, and I wouldn't assume SS would be any different. Is it that the income has decreased since 2011 and that is why you want 2011 and he wants to use a "new" income of 2012?

        The only reason I am asking is because you seem to have been able to agree to use 2011 for CS and now the issue is for SS

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        • #5
          CS is based on 2012 income - I'm fine with that, the difference is minimal. Yes, my issue is the $$ decrease, the Ex has managed to cancel all consulting and overtime before we could set the SS amount... Thanks for your help.

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          • #6
            Then set the SS based on a percentage of line 150 each year for review, this will take out any dodging.

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            • #7
              As per my original post, Ex wants to use 2012... not that easy to simply say NOPE ;P

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              • #8
                The Courts Love Status Quo!
                your ex's desire to change after you have already established the method and the diffence does not seam to be drastically material (ex got run over by a cement truck and will seee income drop like a stone...... that would be a cause to look at things and alter status quo.

                Actually to prevent the dodging that you say is occurring (reducing available workload etc). You go with the 3 year average and that would solve problem 1. Problem 2 would be ensuring to be fair that both of you are doing full disclosure. There are avenues you can take by filling certain forms to impute income if that is what you feel needs to be done. The hiding of income - there are some who can "lose" 50% of the income like that......... others maybe talking about a few hours per pay which is nowhere near the financial impact. Good to always keep in mind the cost of getting what you want or what you think is fair to the actual value of that which you are fighting for.

                Do not spent 5K to fight a $500/year variance in income for example.

                I f you put more than a fair offer on the table and your ex forces itinto the courts and you get the same or better than your original offer your ex will have a ton of costs to cover thiers and yours. Read once costs is the method to which courts handle idiots who refuse to negotiate! (liked that one - reminder to try and always be fair and go by "the rules" to divide the assets)
                Last edited by ddol1; 01-05-2012, 01:33 AM.

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                • #9
                  Nothing's been set yet, trying to finalize the agreement. The costs recovered at the end will never compensate for the real costs + aggravation of trial. So back to my question: which income year do you use for CS and SS? (current income would not final and would need a review after a year)

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                  • #10
                    You use the line 150 on your T4. Assuming your employer isn't a fortune teller then you need to use 2011's T4 as the T4 for 2012 isn't due for another 13 months.

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                    • #11
                      THANKS!! Anyone using current income with a review at the end of the year out there?? (or only my lunatic ex??)

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                      • #12
                        Back to your question - I saw your clarification mid thread that ex is insisting on using income you have yet to earn??????? That is a real magic act for sure. No way would I base anything on something in the future!

                        Your arguement is "what if your job and income changes up or down in the next couple of months? Does she plan to take you back to court if you make a few hours of steady overtime this spring?

                        Like you am at the first stage of trying to get to an agreement. Lawyer said since income is showing a steady yearly increase the best way is to start off with the current year income (this would be present day going back 12 months).

                        (You can double check by verifing this with the most current pay stubs (my ex is on steady salary). After that it would be last year based on not line 150 but the actual tax return since I have disability income and deductions.



                        From a few sources I have heard going with the exchange of taxreturn plus yearly assessment with the "any change in SS amounts occuring July1 to give time for the assessment to be completed.

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                        • #13
                          Thanks

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                          • #14
                            My ex wants to base my CS and SS based on her on EI starting Dec. last year. She somehow got the judge to base my CS and SS payments based on her receiving $22 K from EI this year, not on the fact that she made $30 K last year. Is this normal? The judge decided this is somehow "fair".
                            Any input?
                            Last edited by bormerod; 01-11-2012, 09:21 PM. Reason: spelling errors

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                            • #15
                              yes - i have read the reasoning for the beginning at least - if the income for the current year is much higher or lower and a third method which is the three year averaging to come up with a figure when income drops up and down a lot (say in sales jobs) but in simple terms the judge thought all information that was provided that using the number he/she did use was valid and fair to both of you. Maybe this was a little bit more foar to your ex this time but it was how the ball bounced.

                              If you can accept the judge was basing her support number on income she is earning now to pay support she is paying now and with everything else (details) it was a judge who decided what was the best answer for all concerned>

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