Income vs. Expenditures Mismatch

[Aghast]

Does anyone have experience dealing with an ex who’s bank accounts show that they spend more money and live a better lifestyle than their income?

For example: gross income before write offs is $50,000 and bank statements show spending of $90,000.

Thanks in advance

[rockscan]

Is this an issue of the ex claiming lower income for support purposes? If their income has no relevance to support then it doesn't matter.

If it does relate to income for support purposes, you would argue that their lifestyle does not match their income and you believe they are hiding income. Request copies of applications for credit to see what they are saying their income is.

[Aghast]

Hi Rockscan,

Thank you for the reply. I am trying to determine an income for my ex for support purposes. They do claim up to 46% write offs on their T1. I have been looking into dealing with that, but on top of that, their bank statements show $40,000 more in spending than income.

The credit applications are covered. They went through a third party lender and didn’t have to disclose income, then on another application, had their partner co-sign and put no wage for themselves on the application. The partner had enough assets to take the loan on themselves.

So, I’m looking for anyone who has any experience dealing with a discrepancy with spending vs income and some ideas on how they presented it. Also, if there is any case law dealing with this.

[rockscan]

I suggest using the search function on this forum and looking for self employment income. You can also do a search through canlii.org for the same as well as income for support purposes and all other key words.

I know there are cases of truck drivers claiming expenses but the judges clawed most of them back.

[StillPaying]

Track all the income sources to ensure this is not new spouse's money being transferred. Any discrepancy should coincide with changes to their savings account and/or debt. Having checked all that, any undeclared/extra income would be imputted for support purposes.

[Aghast]

Thank you for your help