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Old 03-08-2018, 09:36 AM
AdmiralBenson AdmiralBenson is offline
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Default Pre-agreement SS - tax implications?

Hi all,

Quick background:
Married for 17-years, separated in March 2016. 2 children, 16 & 15.
Ex income ~46k, mine ~$150k.

Ex stayed home with the kids for about 6-years.
Ex suffered little, if any, career/earning disadvantage: were she to have remained (and progressed) in her occupation, instead of staying at home (based on compensation analysis), her gross income would be ~$14k higher than it is today.

We've been struggling to get an agreement completed, the sticking point being SS.
I've been voluntarily paying table value CS ~$2100/mth, special expenses ~ $400/mth, and mid-range (or above) SS (per DivorceMate) since separation ~ $1350/mth.

I've made several very reasonable settlement offers to my ex (all roughly equivalent to mid-range SS for 13-14-years), all have been rejected. Her lawyer actually sent a letter indicating that I should be paying about 20% above the high-end of the SSAG range - no explanation given.

Ok...not so brief. My apologies.

My main question:
In the absence of a written agreement/order, My ex has been benefiting since March 2016 by not claiming the SS as income, and I've not received any tax break.
If we have to go to court, I would like to request that any SS order be back-dated, requiring my ex to claim SS paid as income, and allowing me to claim the deduction.
Is this likely to be successful?

As my ex is not being reasonable, I'll be filing a petition for court.
Should I shoot low in my request to the judge? (i.e. below mid-range, short duration) or will that be frowned upon?
(I'm in NB, if that matters)

Thanks in advance for any insight!
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spousal, taxes

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