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  • #16
    MsD

    We were finished with the mediation. Stbx took agreement to his lawyer and had the seperation agreement drawn up. From there I went to a lawyer, he had to review the agreement to make sure I understood what was in it. My lawyer was shocked at how unfair the agreement was, and he had reviewed agreements from this company before.

    My ex negotiates for a living and at the time I was led to believe that this was how child support could be calculated. The mediator was very creative in how they presented information to me, and I was much too trusting of them and my stbx's insistence that he was treating me fairly. I had not found this forum yet.

    I am not trying to say I am a victum here, just trying to be more informed.

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    • #17
      Originally posted by MsD View Post
      I am going to ask other more experienced members to clarify some points I'd like to raise:

      Line 150 is the income reported to the CRA, yes? which means he cannot legally change that amount.

      Same goes for your income. Unless he knows for a fact that you're hiding substantial income from other sources, what you declare on line 150 cannot be changed either.

      The bigger question, for me, is the CS Guidelines. In Family Law, support is a legal right and judges will use those very guidelines to determine amounts - am I correct??

      One last question, frustrated: have you tried mediation instead of lawyers?
      Line 150 is from the income tax return, yes. There is no law that states you absolutely must use line 150, it is just the most common number for most situations.

      Line 150 should be taken from the Notice of Assessment after the return is filed, because CRA may insist on changes, for example disallowing an expense deduction. Line 150 can be changed after an audit. It can be changed months or years later by filing for a change to the original return, for example finding out that a particular expense could have been claimed, or finding lost receipts.

      For people who are self-employed or who receive irregular bonuses, you may not want to just go with line 150. Certain expenses could be challenged like a home office or a car used for both business and personal use. Depending on the type of employment and the amount of expense, it may be worth going over it carefully with both an accountant and experienced lawyer and challenging some expenses.

      For bonuses, if they are irregular, then possibly they may not be counted as income. This has to be shown and argued, not just claimed. It would be helpful for you to go through these Child Support Worksheets and see some of the options for excluding bonuses or deducting expenses.

      As far as benefits go, if it is a taxable benefit it should be included as income. If not, then you have a difficult argument. Pick your battles and don't waste thousands in legal fees arguing over a non-taxable benefit.

      Comment


      • #18
        His bonus occurs every year, the amount is determined in Feb. I think. His bonus is usually 2-3x what I currently make in year,and about what I will make in a year when I finsh school and have a full time job. The benefits are taxable and I don't have enough information to use the worksheets. He has no employment expenses to claim.

        My lawyer has just asked for confirmation from stbx from his employer listing his base salary and detailing all benefits and bonus. Up to this point the ex has provided his NOA and his own self generated excel tables with his list of items.

        I have just finished reading an angry e-mail from stbx and he is threatening yet again that if this goes to court I will loose and he will vigorously defend himself and that I risk having support terminated or reduced. It's two pages of him telling me how disappointed he is, as well as a whole lot of other crap.

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        • #19
          Is there some way I can tell if he has blind cc this latest e-mail to his lawyer? Although, if his lawyer were to read this, he should be advising him to stop sending me these e-mails.

          This is the first time he has used the words "without prejudice" in the subject line, or used these words at anytime. This feels like he is up to something, but probably just trying to cover his butt.

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          • #20
            You can't send a NASTY email and have yourself protected becasue you put "without prejudice" at the top. The wording refers to negotiations and offers to settle. Just becasue he puts that in there doesn't mean you can't bring it up in court for the tone of the email.

            Move towards trial. You stand a good chance of getting some of your costs back because of the runaround you are getting.

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            • #21
              I understand your situation very well. I think that if it is worth it to you then you should just move forward, stop the back and forth between the lawyers and have your lawyer schedule a Case Conference. Serve your STBX and let him see that you are through with his bullying and would like answers and resolutions, as you are obviously not going to get them through any negotiation directly with him.

              Don't spend one more minute worrying about his nasty emails, let him send them, let him threaten, let him rant, let him rave.... then giggle and file.

              Honestly, you can't stop him from doing anything, you can only keep yourself sane by chosing to react (or not) in a way that makes you able to look yourself in the mirror in the morning.

              Oh, and welcome

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              • #22
                I do not respond to his e-mails. I know they are rants. I don't tell him, but I do forward some of the ones that he fills with "legal advice" to my lawyer.

                Should I let my lawyer know this is how stbx has reacted to the request for income information?

                My lawyer sent this request to his lawyer on Monday, stbx lawyer is away, but the request was forwarded on by his assistant.

                Stbx has been paying support based on the settlement draft that was drawn up with mediation. As of this morning he has not paid support (which isn’t unusual, he is consistently late), and indicates in his e-mail that if I don’t sign a letter he needs for the CRA, he will stop paying support.

                I am trying to pick my battles, and don’t know if I should send my lawyer an e-mail now or wait and see if ex complies with the request for income information.

                Comment


                • #23
                  Only my opinion, but I think that you have sent the request, let it rest for now and give it 30 days or so. Then very matter of factly, go see your lawyer, draw up your list of issues that need to be resolved, state your case - to your lawyer - obtain a Case Conference date from the court and Serve him with your Motion.

                  Your Case Brief will be the place that you make it abundantly clear the your STBX is not paying guideline child support, he is consistently late, and uncooperative with even this basic thing. Judges do not take kindly to this, and it tends to taint their view of a respondent if they are not current with child support. Any good lawyer will tell your STBX that if he has any chance in hell in front of a judge then he'd better come there with Clean Hands.

                  Let him threaten all he wants, he's pissed, he's blowing smoke up your #$&#37

                  Oh - and these things take time, time, time, time, time, time

                  Comment


                  • #24
                    Thanks for all the suggestions.

                    I will let it rest for now and see what happens next week when his lawyer is back and see if he then sends the income information that has been requested.

                    Comment

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