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  Ottawa Divorce .com Forums > Main Category > Divorce Support

Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #11  
Old 04-15-2019, 02:14 PM
StillPaying StillPaying is offline
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An experienced headhunter maybe, or an expert in whatever fields they're in. I'm not sure. I didn't have one so my trial judge could only impute full time minimum wage.
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  #12  
Old 04-15-2019, 02:16 PM
rockscan rockscan is offline
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If this is a female spouse who has been at home with the kids you may have an uphill battle too. While you are in canlii you may want to search of imputed income and see the details of the case.

There are many different ways and reasons courts either do or dont impute. You need to do some research on case law for your understanding and then go from there.

Truly your expert witnesses would be doctors or employment counselors.
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  #13  
Old 04-15-2019, 02:17 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Ahhhh ok. I should look into that. Thank you.
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  #14  
Old 04-15-2019, 02:18 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by rockscan View Post
If this is a female spouse who has been at home with the kids you may have an uphill battle too. While you are in canlii you may want to search of imputed income and see the details of the case.

There are many different ways and reasons courts either do or dont impute. You need to do some research on case law for your understanding and then go from there.

Truly your expert witnesses would be doctors or employment counselors.
This is great. Thanks all!
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  #15  
Old 04-15-2019, 05:08 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by AlmostThere_Hopefully View Post
What about inflation? Is that considered? Their income when were together was about 50K but with the online inflation calculator I found they should be making more like 85K.

So sorry for all the questions
I dont think that matters. Most jobs do not give raises based on inflation.
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  #16  
Old 04-15-2019, 05:12 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by standing on the sidelines View Post
I dont think that matters. Most jobs do not give raises based on inflation.
Got it! Thanks.
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  #17  
Old 04-15-2019, 07:17 PM
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arabian arabian is offline
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something good to present would be a loan or credit application where the other person indicates employment dates and/or income and then signs the application.

If the field they are certified in is something like Nursing then there is plenty of salary information online - just check with job/career section of your local hospital which offer both part and full-time.

Same applies to other fields.
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  #18  
Old 04-15-2019, 10:47 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by AlmostThere_Hopefully View Post
I feel they are not making enough in their field yet they claim they haven't upgraded so they are still considered "entry level" in their field and can't make what I want to impute to.
Someone correct me if I’m wrong but shouldn’t your goal be to impute income based on what they are CURRENTLY capable of making? Not “what I want to impute”?

Based on that logic all support payers would technically be on the hook for a lot more- because let’s face it, almost every position can be upgraded from.

Ex: If your ex worked as a chartered accountant at a large corporation and then coincidentally decided it was too much of a work load when you got divorced and began working as a bookkeeper for a small business, then you would have a case. If your ex has always been employed as an entry level bookkeeper even while you were together, I don’t think any judge would order them to go back to school and upgrade, just so they can pay more support? But perhaps I’m wrong?

Imputing income is mainly for:
-Self Employed people who are under reporting their income
-People working for cash/under the table
- People who claim they are sick/have a disability/etc that “prevents them from working” (when they in fact don’t)
-People who go back to school and claim they can’t pay anything at all
- Or as stated above, people who have purposely underemployed themselves/taken a step down from what they used to make

Has your ex filed full financial disclosure yet? Do you have ROE’s/paystubs/income tax? Do you feel that they are straight up lying about how much they make? If so, why?

I am currently in the midst of attempting to impute income on my ex.

I recently got an order for him to provide:

-Detailed medical analysis about why he can’t work... which I will never get because I know it does not exist
-An award settlement order he recently received
- last -12 months of bank statements (this can be a very helpful one if supplied)
- Affidavits/ROEs/Paystubs from all income sources he was previously saying did not exist but actually do
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  #19  
Old 04-15-2019, 11:09 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by Selfrepmom View Post
Someone correct me if I’m wrong but shouldn’t your goal be to impute income based on what they are CURRENTLY capable of making? Not “what I want to impute”?

Based on that logic all support payers would technically be on the hook for a lot more- because let’s face it, almost every position can be upgraded from.

Ex: If your ex worked as a chartered accountant at a large corporation and then coincidentally decided it was too much of a work load when you got divorced and began working as a bookkeeper for a small business, then you would have a case. If your ex has always been employed as an entry level bookkeeper even while you were together, I don’t think any judge would order them to go back to school and upgrade, just so they can pay more support? But perhaps I’m wrong?

Imputing income is mainly for:
-Self Employed people who are under reporting their income
-People working for cash/under the table
- People who claim they are sick/have a disability/etc that “prevents them from working” (when they in fact don’t)
-People who go back to school and claim they can’t pay anything at all
- Or as stated above, people who have purposely underemployed themselves/taken a step down from what they used to make

Has your ex filed full financial disclosure yet? Do you have ROE’s/paystubs/income tax? Do you feel that they are straight up lying about how much they make? If so, why?

I am currently in the midst of attempting to impute income on my ex.

I recently got an order for him to provide:

-Detailed medical analysis about why he can’t work... which I will never get because I know it does not exist
-An award settlement order he recently received
- last -12 months of bank statements (this can be a very helpful one if supplied)
- Affidavits/ROEs/Paystubs from all income sources he was previously saying did not exist but actually do

I have their resume but have no idea what to do with it. Lol. I've spoken to 2 different headhunters after they reviewed the resume and I got 2 totally different salaries. So I have no clue how this works and how to prove what they should be making. They have filed disclosure but their income still seems quite low to me.
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  #20  
Old 04-16-2019, 07:56 AM
standing on the sidelines standing on the sidelines is offline
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At least your ex is trying to find work. You may have to accept that what they are making (more the minimum wage?) is what it is for right now. They may be right and they may not have all the qualifications to make the money that you think they should be making.

What is the average of their last three years income? What do they currently make now? If its close I doubt a judge will impute a higher income because you think they should be making more. Tome the judge will put more weight on what what they were making.
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