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  • armchair guess on scenario

    Hi,

    Let's get people's thoughts.

    Special appointment date in November to deal with retroactive and prospective adjustment to support amounts.

    Facts: married 6 years, 2 kids 60/40 split based on overnights. consent order on a totally without prejudice basis in 2019 based on a guess of my income. The lawyer actually entered the data into divorcemate wrong and categorized dividends the wrong way which artificially increased the support amount. I never noticed it.

    Paid full amount until May 2020. Expert report determined my income was actually much much lower with evidence to support why it was less (I did not pull the self-employed self help and decrease my income). COVID then was going to gut again. Attempts to engage other side was futile and I couldn't bring it to court.

    Had no choice but to go into arrears. The plan for finances was to do adjustment but I had to be questioned first (so I was told), her side cancelled on me twice. Eventually switched lawyers and as soon that happened they brough a motion for arrears to be paid from my share of the house. They won.

    As a result of this and based on my expert verified report (they have had for 16 months and didn't bother getting their own) I am in a credit of SS by 60-118k (depends on how much is imputted to her) and CS by 12k.

    On EP and other adjustments she owes 150k and only has 127k left in her half in trust of the matrimonial home.

    Obviously it is a mess because she has no way to cover all these credits without a lump sum buyout.

    If the tables were reversed and my income was shown to be much much higher and I underpaid by 60k, they would make me pay that retroactive amount over time so it should go both ways.

    I do think prospective support will be adjusted to reflect my actual income becuase keeping the amount like this would pretty well bankrupt me. Thoughts on retroactive adjustment?

  • #2
    I am in a similar situation but on a much smaller scale.

    I was once told that once the money is given they may reduce your future support payments. You have the home proceeds to pull from.

    I don't know, I hope someone else does. I hope you can get back to the forum or me with what you learned.

    Comment


    • #3
      Hi

      Yes you can credit ss and can independently.

      You are correct regarding house funds but that will not suffice. I may not have been clear, her funds in the home will just offset EP and other adjustments.

      It really will put her in a pickle financially. I think the best scenario is optimizing a method for a lump sum

      Comment


      • #4
        Originally posted by Kkc View Post
        As a result of this and based on my expert verified report (they have had for 16 months and didn't bother getting their own) I am in a credit of SS by 60-118k (depends on how much is imputted to her) and CS by 12k.
        You consented to your initial income and support amount. Then stopped in May, where ex took you to court and won arrears and ongoing support. I think your hopes may be too high.

        At my trial where incomes were imputed, the judge only made the changes moving forward from the date the final order was received (8 months later). No retro, cs went down, ss went up, support was about the same until ss ends.

        Comment


        • #5
          My hope is that when I consented, I had no way of knowing that my lawyer entered the numbers in wrong, no way to predict covid or my mental health would deteriorate

          It was all without prejudice as well..worse case if no retro is given I can go after first lawyer for errors and omissions...she literally typed the wrong number into the calc

          Comment


          • #6
            Moving forward your income can change, but it's hard to argue against your consented income which carried over through a motion as well. A mistake which cost you about 100k in a year, yet you didn't notice or try to fix? Hopefully income can be imputed and support fixed moving forward but it's definitely a battle for retro.

            Comment


            • #7
              Finally an update

              Heard nov 23

              Retro adjustments stayed till trial

              Go forward changed effective nov 1 to my actual income
              Impute to her

              50/50 ndi with the wording of order putting me as a recipient of cs as opposed to stating net payor

              Now I can deduct legal fees

              Comment


              • #8
                Originally posted by Kkc View Post

                Now I can deduct legal fees
                This last bit is the most significant amount of bullshit put out by the government.
                People already hurt enough from divorce and the government choses to kick them while they are down.

                Congratulations though.

                Comment


                • #9
                  There’s a lot that doesn’t make sense

                  The eligible dependent is a fixed amount and the person paying support cannot claim it?

                  Comment


                  • #10
                    Originally posted by Kkc View Post
                    There[emoji769]s a lot that doesn[emoji769]t make sense

                    The eligible dependent is a fixed amount and the person paying support cannot claim it?

                    Its because legal and legislative systems are antiquated and dont realize that many couples make equal amounts and many separated couples have shared custody.

                    Its still based on a non working woman getting full custody from a high paid man who pays $$$$ in support.

                    Comment


                    • #11
                      I found this stick post! I don't know why I didn't go with this before. It appears to say a payor can claim!

                      https://www.ottawadivorce.com/forum/...ad.php?t=12709

                      Comment

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