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Old 09-08-2009, 02:15 PM
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billm billm is offline
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CS/SS is calcated based on income - it of course does not matter how it is achieved. Of course that is only fair if the CS/SS is update every year based on the previous year income.

As for taking the previous 3 years income - I don't agree with this, though I have heard it is a method that is used.

All marital things are split, so CS/SS should be based on current income and of course adjusted yearly according to income tax returns. Given this, the real question is, what about the first year of CS/SS? Well, you could use the last year income tax return if there is nothing to go on, or you could use current estimate of income (a paycheck). If you use a current income method and you are not sure it is accurate, then you can simply agree to go back and recalculate it when the tax return is done and then one pays the other the amount of over/under payment - simple and fair.

Note that it seems that lawyers/courts want to fix the CS/SS amount and then have you fight over it again when there is a 'substantial change in circumstance' which of course is a crap idea and leads to more lawyer fees etc and is inheritently unfair to one of the two.

If you base CS/SS on what is actually made every year, then it is fair, and there should be no fighting (or at least less). Maybe a clause in the agreement that if tax return information is not provided to do the calculation every year then payments will be retro to when the new calcultion should have been done (yearly) AND SS stops if the receiver does not provide tax info, or there is a penalty to the payor if they don't provide it.