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RRSP Withdrawal Income

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  • RRSP Withdrawal Income

    If my income is $10,000 and I withdrawal each year $10,000 from my RRSP's for a total of $20,000 income do I have to pay child support on my line 150 which is $20,000 or only pay child support on my actual $10,000 income?

  • #2
    If you are withdrawing that amount annually then yes. If it was a one time thing then you *could* argue no. That could be argued against though depending on the reason why your income is so low.

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    • #3
      My EX has done this for the past two years and my lawyer is saying he can't argue it is income. She has little to no income because she decided she doesn't want to work full time. She claims depression as the health reason why she cannot work full time anymore saying her job is too stressfull.

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      • #4
        Originally posted by SurftheWave View Post
        My EX has done this for the past two years and my lawyer is saying he can't argue it is income. She has little to no income because she decided she doesn't want to work full time. She claims depression as the health reason why she cannot work full time anymore saying her job is too stressfull.
        Then if she can't work due to depression she can't watch children which is very very hard work. That is how many judges view that kind of conduct. I would press your lawyer on why they haven't pressed that specific issue.

        To sick to work (a job). Too sick to take care of kids (a VERY HARD job).

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        • #5
          Originally posted by Tayken View Post
          Then if she can't work due to depression she can't watch children which is very very hard work.
          Exactly what I said to my lawyer Tayken! His response was that she is claiming she can work and earn $10,000. That's under the set-off CS threshold which means she receives full table CS, not set-off.

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          • #6
            Originally posted by Tayken View Post
            Then if she can't work due to depression she can't watch children which is very very hard work. That is how many judges view that kind of conduct. I would press your lawyer on why they haven't pressed that specific issue.

            To sick to work (a job). Too sick to take care of kids (a VERY HARD job).
            I'd love to know more. I am of the same view, however in my case my EX never told me why they couldn't work and the judge / courts did not compel my EX to provide any details other than increasing my payments because EX "couldn't" work. It's funny how there is no impact in the illness other than their ability to work.

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            • #7
              Gilligan do you have a final order from the judge or was it a temp order? Are you doing set-off CS or full table? What facts did you present before the judge decreed your ex couldn't work?

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              • #8
                In my case, it was a motion as it was just to update CS (offset) - (I have 50/50 but our income differential is high because of my ex's aversion to work). I worked with a lawyer, but my lawyer didn't really give much of an argument (I don't think I will be continuing with them).


                My ex presented 2 pieces of evidence. 1) a one line doctors note from a walk-in clinic, and 2) a letter form health insurance, stating they are on LTD. Ext would not disclose why they cannot work saying it's none of my concern, ex's income is a fact and I have to pay offset as a result. Ex has never disclosed medication condition or why they cannot work and has refused to even confirm if they are still on LTD.


                The ex's ability to parent did seem to come into question whatsoever and to this day, have no idea what the problem is, but I've had to double my offset child support as a result.

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