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Tobias25 12-18-2019 08:16 PM

Child support calculation
How the CS and SS is calculated ? I make 60K without overtime but the last couple of years I made over 100K(breaking my back...). It's a big difference between the amount I should pay if they take into consideration the OT or the regular wage (anyway I had this huge amount of OT because my plant is moving to a different location, so it will be much less in the future).My future ex-wife she's making minimum wage, we have one kid 11 years old and married for 16.5 years.
Thanks for your answers.

HammerDad 12-19-2019 10:22 AM

Support is based off of income. Overtime is income. Your income for the past few years will be $100k and support will be based off of that.

Know that generally support is adjusted annually off of your like 150 of your Notice of Assessment from the CRA. It is common that in June of each year that ex's provide each other with their NoA's, and they adjust child support and section 7 expenses based off of the new incomes. Should overtime dry up, or you simply choose to work less of it, support will be adjusted when you update with your ex.

Desperate_Dad 12-24-2019 02:21 PM

I just recently answered this question. Lawyers/Judges have no concept of the work that goes in to getting a wage ie shift premium, overtime etc.

They will blindly look at Line 150 income instead of analyzing the lines on the T1 that you earned that income.

However, the most important question for you is can you get them to look at your regular wage instead of your regular wage plus overtime?

The answer is - yes you can because I have done it myself. But it took taking it all the way to trial to do it with no guarantee of success. I did end up winning but it requires going self represented and having a clear concise argument. There is no way you can do it having a lawyer as lawyers fees will more than eat up any reduced support you pay.

Now you have a decision to make.

Tobias25 12-27-2019 07:05 PM

Thank you guys for your answers....I can't go to court by myself....I have no time to study the law especially now when my son stays with me ....English is not my first language too, so I think is better to have a lawyer for now...

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