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CS – annual evaluation & undeclared income

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  • CS – annual evaluation & undeclared income

    Ex & I separated last Oct., she moved out mid-Dec. Bypassed court, went through mediation & had sep. agreement written, reviewed & signed by lawyers, everything’s done. (agreement was drafted by her lawyer, bad idea but whatever). I have to pay SS, as per agreement the amount is “locked” and doesn’t change. We share custody of 1 child 50/50, I pay offset CS as per guideline. Since we did financials in Oct. we used estimates for our incomes, this can be reviewed yearly.

    Here’s the thing, she works 2 jobs – one “normal” plus she runs an esthetics business from home. Her business income counts for roughly 2/3 of her total income. This total income was used in the estimated yearly so that’s fine, however she hasn’t declared this income for taxes. I’m assuming in June she’ll want to check our incomes and adjust CS. (I ended up making a little extra the past year due to some OT) So I’ll provide her with my tax papers and she’ll do the same for her “normal” job, and give me some random amount for her business. After all the bs & lying throughout the process I really can’t believe anything she says. SO:

    Q1: After review if she wants more $ because I ended up making a little more, can I refuse to do so until she has provided me proper documentation (tax filings)?

    This will essentially cost her thousands in order to receive hundreds from me. Now she would have to re-file & pay taxes & deductions (oops I forgot?), plus whatever fines if any. Also I would make sure that extra income from tips be included, which she said during financial disclosure was minimal and wasn’t included, whereas every extra penny from bonus or OT is calculated in my income? Yeah right… She ran that business from our home for a year; I know and have documentation about what was going on…

    Now this following question only applies for next year. First I’m assuming she’ll apply for the CCTC if she hasn’t already, so she should be receiving that soon. Also the week after she moved into her new house her friend moved in with her. So she’s getting paid rent, although I can’t say exactly how much I have a rough idea and that’s some pretty significant income.

    Q2: Should the CCTC income, and more importantly the rental income be accounted for in her gross annual income used for determining CS?

  • #2
    Sorry not the cctc meant the monthly child tax benefit...

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