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-   -   Ex runs home daycare (net income calc for support?) (https://www.ottawadivorce.com/forum/showthread.php?t=21391)

cashcow4ex 10-18-2017 09:36 AM

Quote:

Originally Posted by trinton (Post 224413)

LOL...too true. The most narcissistic person you could possibly meet.

cashcow4ex 10-27-2017 09:00 AM

I have an update,

My ex who still thinks her child support payment should be based off her net income, yet who hasn't spoken to a lawyer or done any research has decided she will in the meantime start writing cheques to me in the amount for child support that the calculator says she owes based on her net income.

I mentioned that I would prefer just to keep paying her full child support for both children until the ruling or mediation is done. She could then write me a cheque for what she owes from when the time my son moved in with me.

Any advice on whether I should cash these cheques or just wait until we know what she truly owes would be appreciated! I don't want to set any kind of status quo's or anything like that.

Tayken 10-27-2017 09:33 AM

Quote:

Originally Posted by cashcow4ex (Post 224415)
LOL...too true. The most narcissistic person you could possibly meet.

As I recall this is the same person who demanded that you pay for a service at her property to pick up the dog poop.

cashcow4ex 10-27-2017 09:35 AM

Quote:

Originally Posted by Tayken (Post 224696)
As I recall this is the same person who demanded that you pay for a service at her property to pick up the dog poop.

The one and only!

Tayken 10-27-2017 09:40 AM

Quote:

Originally Posted by cashcow4ex (Post 224692)
I have an update,

My ex who still thinks her child support payment should be based off her net income, yet who hasn't spoken to a lawyer or done any research has decided she will in the meantime start writing cheques to me in the amount for child support that the calculator says she owes based on her net income.

I mentioned that I would prefer just to keep paying her full child support for both children until the ruling or mediation is done. She could then write me a cheque for what she owes from when the time my son moved in with me.

Any advice on whether I should cash these cheques or just wait until we know what she truly owes would be appreciated! I don't want to set any kind of status quo's or anything like that.

1. Child support is easy to calculate online (MySupportCalculator.ca)

2. She is indeed obligated to pay you support for the child residing the majority of time with you.

3. Line 150 is what you generally base the payment on.

4. You are still obligated to pay her child support for the child residing with her.

5. If you are the higher income earner you can use the calculator (provided in #1) to calculate what you should be paying less the difference she should be paying you.

6. You can cash the checks. They are an acknowledgment that she owes child support. So, the status quo that has been established through her conduct is that you are the majority access parent to this child. (Bad move on her part!)

7. If you have her T4 or NoA for the past year then you can do #5 if you are the higher income earner and simply not cash her checks. Her contribution to CS is recognized in the reduction in total CS she gets. She just gets it for the child that resides with her.

If you are not arguing about whom the majority access parent is for each child, it really is a simple number to calculate and quite standard stuff.

Good Luck!
Tayken

Tayken 10-27-2017 09:44 AM

Quote:

Originally Posted by cashcow4ex (Post 224697)
The one and only!

Still one of the best posts ever on this site!

cashcow4ex 10-27-2017 09:57 AM

In most cases line 150 is the standard however our Gov't in all the infinite wisdom left a lot of grey area when it comes to home business and self employed.

The issue is she runs a home daycare and has business expenses (daycare food, business insurance and advertising) which I am willing to except as genuine expenses however all the other deductions she gets fro tax purposes (mortgage, car payment, car insurance, utilities) should be added back into her salary for child support purposes.

There really is no debate as to who the primary care giver is of my son who is 16. The only real area of contention is what number she wants to use as income to calculate her child support.

So your saying the smarter play is to except the smaller amount checks, cash them and collect the difference when her income is calculated accurately?

mafia007 10-27-2017 10:15 AM

Quote:

Originally Posted by cashcow4ex (Post 224701)
So your saying the smarter play is to except the smaller amount checks, cash them and collect the difference when her income is calculated accurately?

YES, as per Tayken, cash the checks to show that you need the money for the child. As it is the right of the child to receive those funds, if she still owes you money according to the table, she will be in arrears. No big deal about it. Never the court will set a status quo on money that are due for the sake of the children. If she did not made payment according to the table, there would be an adjustment. Lower payment will result in arrears and higher payment will result in a credit to her.

All you need to do, and I think you did already, is to tell her that you will cash the checks for now until the actual salary is imputed to her as a daycare provider. She is aware that you think she should be paying more. That's all.

When you were paying, did you had a relief of any kind? Why would she get some today?

piggybanktoex 10-27-2017 10:53 AM

Wow,

My ex demanded, during separation, an amount of $1,500 per month to cover kids underwear and socks while receiving $200,000 net per year from me.

That ties the "dog support" entitlement.

After I stopped laughing, I said NO.

cashcow4ex 10-27-2017 01:00 PM

Hey...kids need to be sporting Gucci and Prada nowadays lol


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