RRSP and imputting

[Kkc]

quick question

next week we are looking to impute income to the ex. her reasons for not working:

1. she is "not attracted" to working
2. court is stressful
3. she doesnt have a plan to work..but maybe one day she will

That was the exact reasons in the affidavit. Kids are in school fulltime and I have them every weekend, so really no excuse.

The RRSP that she had on the date of valuation was 36k and has since been depreciated. This would be taxable income, but would I be double dipping as this 36K will be part of the EP.

[rockscan]

The prevailing case on under employment is this one: https://www.canlii.org/en/on/onca/do...nlii41868.html.

If she used the money as income then it’s income. Not sure how it goes for EP but if she pulled income from it and it was what she lived on then it’s income.

However…if you don’t have 50/50 (I cant remember what your case is) then it’s only for section 7 calculations.

[Kkc]

so its interesting

when the original divorcemate calc was created in 2019

the lawyer set it up so that it was shared parenting and her at low end yielding a 50/50 NDI

Granted she entered the actual dollar numbers wrong into the formual..but thats a different story

anyways by overnights I have 6/14 nights, CRA accepted shared parenting with the CCB. The 60/40 can vary by hours, nights, a more functional approach.

We are going to court next week to retroactively change and go forward. The argument I am making is that when she agreed to the interim without prejudice order, she agreed to shared parenting by virtue of 6/14 overnights. There has been nothing material to change that part of our agreement. The only thing to change that could not have been contemplated at the time of the agreement was the pandemic and my loss of income and the lawyer's error.

[Kkc]

oh yes that case...she is clearly underemployed

"the needs of the children" she gave general arguments without specifics
her health...not applicable
education..she had a valid licence for 16 months after the separation but did nothing to renew


I will argue the moment she did not renew her licence or took steps to keep it valid is when she became underemployed

If I did not get vaccinated or simply chose not to renew my hospital privileges and lost 20% of my income..I would be imputed in a heartbeat