Child Support

[Steveco]

Hi everyone -

We are trying to work out Child Support amounts. Do we always have to use our T4 from last years salary to calculate the offset amount? Or can/should we use our current salaries? My wife only made 20k last year but she is currently working full time hours and at this rate will be around 30k this year.

Thanks

SC

[billm]

If you are just starting out, you want to determine your current salary, then start using T4 yearly after that. If there is a concern that the starting CS income prediction for the current year may be inaccurate, you can always agree to adjust retroactively for the first year.

If someone says, we have to use last year's T4 as a starting point and that T4 does not reflect their current income - they are playing games to avoid paying CS in proportion to their actual income.

[Tayken]

If someone says, we have to use last year's T4 as a starting point and that T4 does not reflect their current income - they are playing games to avoid paying CS in proportion to their actual income.

And if brought on Application to a court for an order on CS... The court will use the last paystub to determine the income. Billm is right on the money with this comment. I have never seen a justice not do this and rely upon last year's income when making a temporary order for CS on motion. They use the most current paystub and other financial information. They will request it and send people packing to come back if they don't come with it in hand.

Negative advocate solicitors will lament, with no justification and even put their client at risk and stupidly state in the presence of the presiding justice:

"I have never head of a justice ever doing this."

For which always generally gets the prompt response:

"Well, too bad that is what is happening in this matter. I am going to my chambers to figure this mess out and will come back with a determination of child support in the matter based on the current and actual incomes of the parties."

If you have a lawyer who pulls this stunt and even attempts to argue this... Time to get a new lawyer I say...

Good Luck!
Tayken