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  • #31
    In June 2021 it will use the line 150 of the 88k if that’s what he actually makes this year. So in July 2021-2022 he will be using this income regardless of what his then current income actually is meaning he will be using these reduced amounts for 2 years. The 147k is money already earned a portion that would have been a lump some payment for his bonus. The $114k was the actual income he earned January to December2018, which was used to calculate June-July 2020.

    This is why I’m trying to figure out what the right course to take. If you say he’s showing me proof that he’s only making 88k now then I also have proof he made 147k then.

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    • #32
      Originally posted by StillPaying View Post
      Everything was paid up properly until last month. So no arrears.
      No it wasn’t. And before you argue with me this is from a judge in Ontario superior court and the guidelines. Either you use line 150 for all years or you update based on actual income. He wants to update based on actual income for 2020 but has failed to update for actual income in 2019. He was paying cs in 2019 based on 2018 income. He needs to update 2019 based on actual income which is arrears. This is law.

      Now, he has provided proof that he makes 88k.
      Yes and has provided her post dated cheques for July to June 2021 based on that income.

      You want him to pay based on 147k and he is willing to pay based on 114k.
      She wants him to pay based on their agreed income tax calculation and he wants to move to actual income. In which case he needs to reconcile his actual income for 2019 which he has never used for cs purposes.

      People reduce income/support for reasons much less than covid, so there's a good chance if this went to court he would only pay based on 88k.
      If they went to court they would use his actual income for 2020 and 2019 and possibly 2018 which means he would owe arrears.

      In June 2021, you'll update support again based on his current income at that time.
      No they won’t. If his income goes up in January 2021 it will update immediately. If ex wants to update cs when income goes down then he is also responsible for updating when income goes back up.

      I’m not making this up. I have transcripts from the motion my husband won on this calculation. Actual income is always used when it is know and when cs is adjusted. He knows what his 2019 income was and he can reconcile it since he is not using it going forward. If he wants to use actual income then he needs to use it all the time including last year, this year and next year.

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      • #33
        Originally posted by rockscan View Post
        This is law.
        This is usually when someone steps in to remind everyone we are just a bunch of monkeys hitting keyboards with rocks. Nothing is certain.

        Yes and has provided her post dated cheques for July to June 2021 based on that income.
        Based on 114k, not 88k. Which is where he may come off as a good support payer in court. I think you're confusing it ~ or maybe I am.


        She wants him to pay based on their agreed income tax calculation and he wants to move to actual income. In which case he needs to reconcile his actual income for 2019 which he has never used for cs purposes.
        This is where a lawyer and more info is needed. When someone loses a job or gets a pay cut justly, court would most likely go by current income. Even though he made more last year.

        No they won’t. If his income goes up in January 2021 it will update immediately.
        I agree with you here. He can't pick and choose. They'll be going by current income, which should be immediate if he's honest or discovered come tax time.

        I’m not making this up.
        Court has random outcomes based on specific details. You can find case law for both sides. What your husband experienced or his lawyer says is not truth for all.

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        • #34
          88k is his base salary, he probably has an idea of what his bonus will be and that it will put him around 114 for the year. So, he is trying to sound reasonable while really pulling a fast one in not paying on his 147 income - especially now it will be for two kids in September.

          They have an agreement and past practice of several years, he can’t pick and choose which one gets him the lower payment. If he wants to pay less now based on current income he has to pay the outstanding arrears immediately and from now on update his CS the month he gets an increase, including the month he gets his bonus. Which will probably mean him sending his paycheque quarterly to the recipient.
          Last edited by tilt; 07-29-2020, 01:26 PM.

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          • #35
            Originally posted by StillPaying View Post
            This is usually when someone steps in to remind everyone we are just a bunch of monkeys hitting keyboards with rocks. Nothing is certain.
            Its actually in the child support guidelines. Your most up to date income or your line 150.

            Based on 114k, not 88k. Which is where he may come off as a good support payer in court. I think you're confusing it ~ or maybe I am.
            Paying support doesn’t make you a good payor nor does it mean you are right. He is deciding unilaterally what to pay and not paying for the oldest child who will be a child of the marriage in September.


            This is where a lawyer and more info is needed. When someone loses a job or gets a pay cut justly, court would most likely go by current income. Even though he made more last year.
            Doesnt matter if he took a pay cut. Its based on actual income. He is adjusting now to his actual income but didn’t adjust his 2019 support to his actual income.

            Court has random outcomes based on specific details. You can find case law for both sides. What your husband experienced or his lawyer says is not truth for all.
            Uh actually no. The senior justice who presided over my husband’s case specifically said the court looks at actual income and if they know the actual income they GO BACK AND CALCULATE THE SUPPORT THAT SHOULD HAVE BEEN PAID.

            He has to pay support based on his income period. His income for 2019 needs to be used for 2019. If he wants to use 2020 income for 2020 then he needs to go back now that he knows 2019 and adjust what he should have paid.

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            • #36
              Child support reduction

              Originally posted by tilt View Post
              he can’t pick and choose which one gets him the lower payment. If he wants to pay less now based on current income he has to pay the outstanding arrears immediately and from now on update his CS the month he gets an increase,
              Thank god someone else gets it.

              Comment

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