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Old 03-01-2017, 04:01 PM
Ozymandias Ozymandias is offline
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Default Underemployed spouse/imputing income

Relationship began summer 2000
Separated October 2013
3 children: S15, D12, D10

Summer 2001 STBX received certification as a doula (birthing assistant), capability of making $32k per year to begin.

STBX was largely responsible for care of our children, although there were various years she worked (office admin, store clerk, govt clerk). She is also a very experienced doula which can command hefty rates in urban areas. Neither of us have significant health issues. I was very involved in kids lives - doctor visits, education, housework, etc. and have a very good relationship with all of them.

Custody:
Oct 2013 - May 2014: 50/50 for all three (week on/week off)
May 2014 - April 2016: D10, D12 at 50/50 (week on/week off), S15 90/10 (once/month w her)
April 2016 - present: D10, D12 at 60/40 (M-F w me, wknds & holidays with mom), S15 80/20 (every 2nd weekend w her)

Support:
SS: $600
CS: $500 (for D10 & D12 only)

This amount only changed once when I got physical custody of S15 (May 2014). STBX pays no CS for S15 due to low income. Support calculations were made using Quebec guidelines and officially signed off on in two separation agreements. I began living in Ottawa in 2014 and she moved there in 2015.

Her income at separation:
2013: $8000 (1-2 day per week retail store clerk)
2014: $7000 (1-2 day per week retail store clerk)
2015: $11000 (1-2 day per week retail store clerk)
2016: $? (1-2 day per week retail store clerk, retreat business operator/AirBnB)

Mine: $82000
From 2001 to 2009 this ranged between $20k to $40k max. Landed govt job in 2009 which took me to $82k.

Id like to file for divorce soon. Its been long enough and Id like to remarry someday. Im okay with the custody situation - lucky compared to some dads. I miss having weekends and holidays, quality time with my two youngest, though. I worked out custody schedule to accommodate STBX request for a close to 50/50 as she could get. Custody changed in April 2016 as she chose to move 1 hour outside of Ottawa to run holistic/spiritual workshops, B&B, etc. That career path is no longer working out 1 year later and shes not sure whats going to happen next. I suspect shell move back to the city.

Im looking to impute income to her. As a doula, she could readily see an income of $40k per year in Ottawa given her experience. Shes had 3.5 years to make at least minimum wage but she seems determined not to and refuses to work in any sort of 9-5 environment. She doesnt seem to want to do the doula work anymore either, preferring unrealistic career aspirations. Sometimes I want to quit my job and become a blacksmith but we all know that would be frowned upon.

I am proposing a 3 year step-down with full cessation of spousal support at the end. That would give STBX 7 years total of spousal support for a 13 year relationship. An imputed income of $40k would reduce spousal support by over half and child support would remain the same as it is now. Im not being greedy, I just want her to contribute more financially and earn what she is capable of - especially given she only has the kids on weekends and holidays (I have them half the summer still). I'd also like to have more means to provide for my kids in their hobbies, recreation, post secondary education and interests. We haven't had a vacation in 3.5 years as a family (besides rustic camping) yet STBX has managed almost 8 trips, once to South America for a month.

I know it all depends on the judge in the end. To prepare I have to find reliable data sources for that level of income imputing and I have some good research pulled together on this. Thoughts?
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