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  • Kinso
    replied
    Non-taxable disability income is still income for support purposes. If it's non-taxable then it needs to be 'grossed up'.

    For example, $50,000 employment income is $50,000 for support purposes.
    But $50,000 non-taxable disability income is $61,740 (in 2021) for support purposes. This is because you'd have to earn $61,740 of taxable income to net $50,000.

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  • canthisberight
    replied
    Just clarifying Rockscan..he pays no tax and wknt be issued a t4 slip.???..I hope you are right.

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  • rockscan
    replied
    If she didnít accept the offer then it doesnít matter. Plus he does pay tax on disability via the calculations at tax time. The support amounts reduce his taxable income.


    Sent from my iPhone using Tapatalk

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  • canthisberight
    replied
    Keeping in same thread for clarity...but

    Friday was the last ditch zoom court meeting to prevent a trial.

    House re evaluated, 90000$ more..there offer was 27% of house value...plus 500 payable monthly to ex.
    During the call with the judge his lawyer, (my partners) didnt have the settlement offer in front of him and didnt even know the $$$ amounts...and mentioned he felt that 675 per month was fair thru some complicated figures, having to due with part of her pension going which way...way too confusing.

    Afterwards we discussed the call...and he apologized profusely for mentioning the higher figure.
    The kicker...and this never occured to us til 3 am and will clarify today..partner is on full work disability, pays no tax...so when his lawyer mentioned the tax write off on support..saying even if he paid 175 more per month its a write off....my belief is if you arent paying tax, that is not worth anything.

    This lawyer should have retired, he does not have his shit together at all...and its way too late to start over. If an agreement isnt made this month, court will happen and the judge warned them...or her..as she isnt willing to discuss..that the house will be ordered sold, and the court costs will eat away at whatever they would get by settling before.

    Any comments appreciated

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  • canthisberight
    replied
    A judge will order the house sold, and the market is unlikely to crash before then, so all is good.

    Thanks Janus, as they are so far apart, I believe this is what will happen

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  • Janus
    replied
    Originally posted by canthisberight View Post
    Coming into the first actual court date...her side offered less then half of the evaluation. His side has asked for new evaluation.
    Just sell the house. Then you do not have to worry about evaluation, because the market will evaluate it for you.

    Her lawyer is acting in bad faith
    I think you have confused the terms "bad faith" and "Ex's lawyer is not supporting my position". If you think that an ex's lawyer is being fair, then they are probably not doing their job.


    costing her money.
    I'm not quite sure why that is your problem.

    The way it was written back was that she can sell....she thinks the offer is fair...wonder what she would say if he counter offers..at let me pay that price.
    This sentence is so confusing. If she is allowed to sell the house, then let her sell the house. If she wants to buy it at a low price, you can just say no and sell the house anyway.

    3 weeks til court
    A judge will order the house sold, and the market is unlikely to crash before then, so all is good.

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  • canthisberight
    replied
    Originally posted by rockscan View Post
    Does she actually want to sell or is she doing this to reduce his equalization?

    His lawyer can requests comps from the real estate board to prove the value is higher.


    Sent from my iPhone using Tapatalk
    She wants to stay in the house. Has offered him 30% value...and 500$ a month

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  • canthisberight
    replied
    Originally posted by Kkc View Post
    not very clear on why she can sell?
    is she living in the house?

    what is date of separation?
    who will be paying support?

    if the wife will be the recipient and buys out the house for 2019 value but then sells it today and makes a profit that does contribute towards her self sufficiency
    She is living in the house, wants to buy his half
    Seperation date: May 2018, he lived there until June 2019, during the week...
    Dec 2020, she was granted exclusive possession til next court which was March 2020 the courts closed due to covid
    He is paying support

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  • rockscan
    replied
    Does she actually want to sell or is she doing this to reduce his equalization?

    His lawyer can requests comps from the real estate board to prove the value is higher.


    Sent from my iPhone using Tapatalk

    Leave a comment:


  • Kkc
    replied
    not very clear on why she can sell?
    is she living in the house?

    what is date of separation?
    who will be paying support?

    if the wife will be the recipient and buys out the house for 2019 value but then sells it today and makes a profit that does contribute towards her self sufficiency

    Leave a comment:


  • canthisberight
    started a topic Any opinion...

    Any opinion...

    House was valued in spring of 2019, but due to both sides procrastinating nothing happened...then covid hit....now here we are, real estate has gone up 35% in the area.
    Coming into the first actual court date...her side offered less then half of the evaluation. His side has asked for new evaluation.
    Her lawyer is acting in bad faith, costing her money.
    The way it was written back was that she can sell....she thinks the offer is fair...wonder what she would say if he counter offers..at let me pay that price.

    3 weeks til court
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