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  • Spousal support

    Trial. To sum it up...
    Ex works for cash as an electrician (with a license) and Plummer (possibly no license). Admits in trial that all his income is in cash. Claims income of 14-20k a year. Upon separation moves out from matrimonial home in 2016. Rents appartment 1300+. Has very poor book keeping, sometimes charges HST but doesn't have hst account. Told the judge that he didn't know he has to report hst. Says and shows he has large debt due to his low income, hence needs spousal support from my friend. Used to be trackdriver 10 years ago and made a decent wage, but got pulled over by a cop in the states and avoided going back there not to get a record.

    My friend makes around 100k on clean t4. No hiding no nothing, very straight forward. Left with 3 kids now. Father sees kids 2x week.

    The judge feels like at most he makes 40k and based on that she owes ss.

    How can ss be determined if the other person has very "fishy" income. Ss until material change takes place will never end. He doesn't declare his income properly.

    What do you experienced people think?

  • #2
    I don't have direct experience with SS, but unfortunately for your friend, the numbers are what they are. If the judge accepts that the incomes are $40K and $100K, then they will based their decision based on this. This would be somewhat of a success since their income would be imputed as twice with CRA income. They would probably argue that they have the potential for other employment, but not sure that would get much traction since it was many years ago.

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    • #3
      focus on imputing income and don't forget about length of marriage.

      truck drivers are in HIGH demand across the country. Many companies do not require you to go state-side (long and short haul). Does he still hold class 1 license? (be worth checking into - most guys don't let this go) Drivers can easily make between 70 - 100k.

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      • #4
        Thanks Gilligan and Arabian. Yes he still has track driving license. But the judge just brushed it off since he is an electrician now for the last 10 years. And they had been married for 18 years. She even provided all the documents that when kids were born it was either her mat leave, or her mother came from back home and helped. When mother wasn't here, he wanted kids in daycare so he could work. She has all the statements from daycare. And still the judge cant see that he can make more than 40k. Before the trial, they had some sort of motion where another judge imputed 70k to him. He tried to appeal that and appeal was denied.

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        • #5
          truck drivers are in HIGH demand across the country.
          Wages are all over the place, and often depend on whether they own the rig. I have seen statements for a truck driver who earned over $150k, and for another who earned under $50k, with the difference being the amounts of overtime and province.

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          • #6
            True, but he had income tax from those years. And now he has an additional income source as an electrician. His lawyer tried imputing income to her stating that she should go back to her part time job (yes totaling 7 days a week) to maximize her income for his support. The judge said that there is no law where a person has to work 7 days a week to support the other. But why is the judge not seeing his capabilities even though the motion judge imputed 70k to him??

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            • #7
              Hopefully you have done due diligence and can provide data/research on truck driver wages in your area (short haul) as well as long haul. Yes wages vary between owner-operator and driver but then so do benefits. Some companies actually provide financing to drivers who want to become owner-operators (check large companies) along with comprehensive training programs. Present newspaper articles showing demand and salary ranges. You can do your research from the comfort of your home. Educate the judge.

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              • #8
                Well the trial is done, they are just waiting for her decision. Her lawyer presented all the references to wages be it electrician or truck driver. What concerns my friend is that it seems that the judge seems to be dismissive of that info, stating that he is now an electrician. Her lawyer presented all the info on electrician wages, showed that his advertising, and business expenses vs his declared income don't add up.
                She is scared of the costs too since the judge seems to take his side. However, before the trial they submitted multiple offers even one during trial at the request of the judge that both sides should settle before her decision. His lawyer did not even respond to any of their offers nor submitted their.
                When does the trial record becomes available on Canlii so she can see if the judge erred in her decision and maybe proceed with an appeal?

                Comment


                • #9
                  CanLii is a private entity and not all cases are published. Actually, a very small amount of cases are published. Hopefully your friend's lawyer will provide her with a copy of decision. Transcripts (expensive) are ordered of proceeding if appeal is anticipated. I would caution not to jump to conclusions before discussion with lawyer.

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                  • #10
                    The judge keeps saying that the decision will become public record. I thought that all of the end up on canlii. Are there other places where records are public or just canlii?

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                    • #11
                      “Public Record” means the public has access to it. They may need to go to the courthouse to access it though, or use a pay-for-use database. There is a tonne of information in the public record that is not available on the internet.

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                      • #12
                        Thanks all!

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                        • #13
                          The judge keeps saying that the decision will become public record. I thought that all of the end up on canlii. Are there other places where records are public or just canlii?
                          They are public record at the courthouse. For example, if your neighbours are getting a divorce and you want to read about it, you can go down to the courthouse and review their court documents or watch their motions/trial happen.

                          Not all cases are reported to CanLII.

                          Comment

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