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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-24-2011, 12:55 AM
singlemama singlemama is offline
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Default Ex isn't claiming tips on taxes to avoid paying CS..

Hi All,

I will try my best to keep this short:

Ex currently has order for CS enforced through Family Maintenance based on 40k income. He makes minimum wage and works 3-4 nights per week in a busy nightclub as a bartender.

He is claiming only $1800 tips on top of his low wage for his 2010 taxes, which gives him $10800 annual income. His current rent ($900/month) is the same as his stated annual income, not including his blackberry, heat, food, gas, and the CS he made ($350/ month). He drinks often, has been getting tattoos, been to LA a few times last year, and to mexico in Jan, etc etc.

I know it's not my business how his money is spent, but I'm trying to illustrate that he clearly makes more than what he is claiming. I believe he is trying to get out of paying CS + his portion of daycare (which he hasn't contributed to but is also enrolled with family maintenance).

Does anyone have some insight as to what I can expect to happen once his taxes are filed? Will the order with Family Maintenance still stand until we have a new agreement?

Any insight would be very much appreciated. Thanks kindly,
sm
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Old 03-24-2011, 05:04 AM
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mama2bee mama2bee is offline
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Quote:
Originally Posted by singlemama View Post
I know it's not my business how his money is spent, but I'm trying to illustrate that he clearly makes more than what he is claiming. I believe he is trying to get out of paying CS + his portion of daycare (which he hasn't contributed to but is also enrolled with family maintenance).

It seems you are definitely trying to make it your business how he spends his money.

Tips are tips, who usually claims it all? You can't prove he is getting the money and he can quite easily turn down your claims. Without proof of added income you will end up no where with this.


Hate to say it but if that is what your ex is trying to do, he very well will likely succeed.
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Old 03-24-2011, 07:06 AM
Mess Mess is offline
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"Family Maintainence" is not in Ontario, are you in BC or Alberta? If you want factual information then you need to provide that information.

If you were in Ontario I would say that the enforcement could only be done through a court order, your court order has obviously already imputed him a reasonable income which includes his tips so from your end there is nothing else to do.

If he wants to change the amount of support he is paying then he has make a motion to change in court, at which time you will be able to provide your arguments that he has significant income form tips that he is not declaring.
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Old 03-24-2011, 11:43 AM
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No one claims the full amount of tips. There is a preset amount that the government usually enforces for those kinds of jobs.

If you have an agreement and it's being enforced, then he has two choices to change it...have you agree voluntarily OR go to court for an amendment. If he choses the court route, you argument is obviously that he is making much more than he is claiming he does, given that his rent is = his declared income and he obviously has a ton of other expenses on top of it.

He wouldn't have a chance in hell of getting CS assigned based on that income, as it's LESS than minimum wage at full time hours.
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Old 03-24-2011, 11:01 PM
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The average for servers is that they typically earn 200% of their T4 earnings in tips.

They typically declare about 8-15% of their T4 earnings on their taxes.

Most full-time servers have T4's around $10-$12K/year.

You can do the math to impute an income
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Old 03-25-2011, 02:42 AM
singlemama singlemama is offline
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Mess, NBDad, and dadtotheend: thank-you for the info!
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