S7 Ratios and Net Disposable Income (NDI)

[nofrills]

Hi Forum,

I just did the Net Disposable Income (NDI) calculation from myself and my ex for 2022. I didn't realize how our close our NDI's were. I make 3x as much as she does now, but after taxes and Child Support, our NDI's only 13k apart. This 13k represents 4% of total NDI between the two of us. This bothers me because I've working like a dog for the last 6 years and she's getting equal benefit for my hard work and she's asking for more child support. My income has gone up since we divorced and her's has stayed flat. In essence her lifestyle has gone up without any effort. As much as I don't like it, the CSGs are working if we are almost equal.

NDI = Income +/- CS paid or recieved - taxes paid

It's incredible how I can earn 3x and she earns 1x, and at the end of the day we are only 13k a part. There is no incentive for her to work harder if she knows that I will earn more and she'll get more automatically.

Her and her lawyer are now telling me that the CGS tables don't apply to me and that I should be paying her more outside the tables. In addition, they want me to pay more S7. I'm currently paying 70%/30% based on my income for child support, but that I think it should be based on NDI as it's closer measure of each of our actual cashflows. If we based it on NDI, 52%/48%. I don't think NDI is used for S7.

She has filed a court application to try to get more more out of me, but under our separation agreement, we need to go to mediation first.

Anyways, our S7 total expenses for 2022 were around 5k and I'm already paying 70%. Not sure how much more she can take from me. Even if I give her another 10% would be only $500. She's probably already spend 3k on lawyers to draft and register the application. I have no idea if her lawyer has given her the cost benefit analysis. I guess I'm funding her lawyer fees to fight myself.

We are not going to agree in mediation. Do you guys think the courts will think of this as being a ridiculous and a waste of time and resources?

[rockscan]

Are you making over $150,000? They might see it differently. Isn't your ex remarried? She can't claim hardship if she is because then they will look at household income.

Unfortunately the court doesn't consider NDI, its gross income. But they do look at reasonableness of the expense. If she is asking for expenses that are more than what you did during marriage, that is an argument in your favour.

[nofrills]

Thanks Rockscan.
She's not re-married. She makes ~120k. She's not starving even with my support.
She has a semi-detach, I'm living in a condo. I'm driving a 15 year old car, so you can tell I'm not living large.
Total expenses for all of last year was $5k, which I pay 70% anyways.

[rockscan]

Unfortunately the court won't consider NDI and I feel your pain. My husband's ex made double and sometimes triple his income, lived in the matrimonial home and was able to enroll the kids in every activity she wanted. He paid full cs, lived in a townhouse and was only able to tell her no on so many activities. He still had to contribute a significant chunk to school expenses.

Your only hope is to try to reduce spousal if you are paying that and try for shared custody to reduce cs. Other than that you will have to accept it as is. It will come to an end and in actuality you are paying for your kids to have a good life.