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Old 01-24-2019, 12:11 PM
Asphenaz Asphenaz is offline
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Join Date: Dec 2016
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@rockscan : sorry I miss understood. In the calculations my lawyer did, they were treated independently and one subtracted from the other.

Only taxable income should be used to calculate support. ODSP should not be used, neither should unemployment insurance. I'm not sure how trust fund money is used.

As for the meds, from my trial, it's a non-issue. Judges and lawyers will say they are not doctors so can't judge on if he needs them or not. If he has a doctors note that says he can't work, judges will accept that.

You have to prove 'unwillingness to work', has he applied for jobs, are their available jobs in his area that he 'can' do, has he applied for any kind of retraining etc...

You can try to argue to get imputed income for the sake of the calculation. My ex who is on disability, doesn't take her meds etc... got 5000$ assigned and that just because it was how much she could earn a year without affecting her ODSP. As well as showing that she had put almost 5000$ in less than 6 months into RESP's.
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