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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-19-2014, 09:18 AM
tlwa tlwa is offline
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Hi All

I have asked alot of people this question and get different answers from all of them so maybe I can get some help here.
I am a serving member in the Canadian Military and I am paid an allowance LDA (Land Duty Allowance) for sevring in an operational unit. It is a taxable allowance. not everyone recieves this allowance and i could loose it at anytime if I no longer serve in an operational unit.
My question is this. Does this allowance get calculated into the my income for the determination of Spousal Support? Again I have had so many different answers on this I really don't know anymore.
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Old 09-19-2014, 09:56 AM
DowntroddenDad DowntroddenDad is offline
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Quote:
Originally Posted by tlwa View Post
Hi All

I have asked alot of people this question and get different answers from all of them so maybe I can get some help here.
I am a serving member in the Canadian Military and I am paid an allowance LDA (Land Duty Allowance) for sevring in an operational unit. It is a taxable allowance. not everyone recieves this allowance and i could loose it at anytime if I no longer serve in an operational unit.
My question is this. Does this allowance get calculated into the my income for the determination of Spousal Support? Again I have had so many different answers on this I really don't know anymore.
In principle, if it shows up on your line 150 of your Notice of Assessment, it should be used in the calculation. but then if you lose it, if it is substantial, you could argue for a material change in circumstances.

I get a bonus, it can range by thousands of dollars based on factors out of my controll. I used a three year average to do the calculations.
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Old 09-19-2014, 09:57 AM
OntarioMomma OntarioMomma is offline
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If its included in your line 150 income then I say yes.
If you get transferred out of your operational unit, apply for a change based on actual income.
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Old 09-23-2014, 03:21 PM
tlwa tlwa is offline
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Thanks for the responses and thats pretty much what I was thinking.
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