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  • No income

    If we have no sepration aggreement in place yet ( trying ) And the payor loses all income. Do you still have to pay the CS at the high rate.


    CS is not set yet just paying what the lawyer thinks is right. until agreement is in place.

  • #2
    If the payor is not working, how do you expect them to pay you full table amount? What you need to tell the forum is:

    1. How many kids

    2. do you work

    3. what is the access arrangement currently

    CS can be looked up on the federal table for the amount of kids you have and decided without a lawyer

    http://laws-lois.justice.gc.ca/eng/r...5/page-19.html

    One parent doesn't get to keep the kids and use them as pawn "just because". It took 2 to make the kid(s), so hopefully you recognize this and are willing to be willing to negotiate

    Comment


    • #3
      Actually, you don’ t “need” to tell the forum anything to have an accurate reply to your question.

      CS is payable with or without a separation agreement, unless waived by a court [read up on undue hardship, which is almost impossible to obtain]. If the payor is not paying now on a monthly basis, CS arrears will accrue.

      Of course, if you are currently negotiating your separation agreement, the payor could also negotiate the amount of CS payable directly with the payee. Have you finalized your equalization yet? Perhaps some adjustment could be made there in lieu, I've seen that happen before.
      Start a discussion, not a fire. Post with kindness.

      Comment


      • #4
        No we are going back and forth on settlement. Like I said we are also in fight a bad economy right now so trying to sell things isnt going very well.
        1) house has lots of equity we had reduced the selling price so much to just cover the rest of the mortgage and of course no buyer its up 600price range hard sell. She moved out of the matramonial home. in settlement agreement she wants ful equity for the house. my lawyer sted to pull it off the market because it's unable to sell and whats the sense of selling it for zero. make sense right.
        2) same issue with the lake lot lots of equity but of course economics isnt
        going to allow us to sell it. (dont want to sell it for zero) and of course she dose not want it because there is lets say 40000 oweing on it but would be worth 225000 in a good economy
        3) We kind of agreed that CS would be 3446/m and SS would be 4000/m for four years.
        4) I have retirement saving lets say 75000 and we also have a LOC worth 54000 she figure that she should be intitled to all of the retirement savings. I dont
        5) She also wants me to cover her personal taxes for the 14/15 tax year lets say 16000 due to the company didvidends pay out from the company we have together.
        Now with the economy the way it is my work has come right down to 10days a month it wont be even close to suggested income. we imputed an income for her at 36000 she wants 28000 imputed. now with work be as slow as it is what should be the right come back to that. They are saying work is going to get back to normal in October.

        Comment


        • #5
          ^ Stop letting her dictate to you what she wants or doesn't.....she can ask for the sky just because. It's up to you to give her the middle finger, and have her served. Once you have her served, you will start to see things move along...trust me on this.

          What is her damn reason for wanting all the 75k of your retirement saving? She better have a damn good reason than just because I am a woman / hear me roar / just because.

          Unlike CS, spousal support is either compensatory or non-compensatory. Pay your child support based on the type of access you have, and on her income. She can't have zero income.

          Again...serve her, don't bother having a rational conversation.

          Comment


          • #6
            hold on... I thought you just advised another poster to be rational?

            I think this current username is likely used up. what do you think?
            Start a discussion, not a fire. Post with kindness.

            Comment


            • #7
              She figure because she has been out of the work force for three years and because we opted out ( self employed ) to pay into CPP/EI. She is intititled to it. she says she needs some sort of retirement.

              Comment


              • #8
                ^ oh look at that, and you don't need some sort of retirement? Tell her to go get a job like every other able adult out there...she is not a teenager, and you are not her parents.

                Comment

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