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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 02-10-2014, 10:11 AM
selfrepguy selfrepguy is offline
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Default After first year of support ..

So now, post trial, I've been paying support (both CS and SS) for the last year, based on my income as stated in my offer letter. I've just received by T4 and I made about $10K less, which means I've overpaid CS by about $160/month.

How does this get adjusted for the upcoming year? Does the over-payment get deducted from this year's support payments?

Salient points:
- both my ex and I are self represented at this point
- last year ex made more than the stated for the purposes of calculating support (she claimed she would make $0 but made $500/wk since August)
- ex has delayed the final order by objecting to the draft order for no apparent reason; conference at court to be held this spring to review
- because there is no final order FRO is not involved at this point
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  #2  
Old 02-10-2014, 01:23 PM
Berner_Faith Berner_Faith is offline
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Most people exchange tax returns every year and adjust CS amounts based on this. My partner exchanges his every June and the new CS take effect in July. So even though you made less, this will be taken into consideration when you adjust CS... you don't deduct it from what you owe, but rather pay the reduced amount for a year.

Example... if in 2012 based on your income, you were to pay $500, you pay that from June 2013-June 2014, then if your 2013 income shows you should be paying $340 a month, you pay that from June 2014-June 2015.

You didn't technically over pay, you paid based on what your income was.
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Old 02-10-2014, 01:49 PM
dinkyface dinkyface is offline
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If you adjust in July based on your previous calendar year's income (from the NOA), then her $500*4.3*5 months of income is JUST below the table threshold for paying any support. This is assuming her income is relevant i.e. that you are using the offset method.

Next year however ...
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Old 02-10-2014, 10:18 PM
Helpinghands Helpinghands is offline
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Both of you will have to exchange your tax returns and notice of assessments and then make the adjustment to CS.
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Old 02-11-2014, 12:55 PM
FightingForFamily FightingForFamily is offline
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Disclosing income taxes, notices of assessments and adjust CS based on them is part of the family law act now. It's not really optional.
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Old 02-11-2014, 01:04 PM
DunnMom DunnMom is offline
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Quote:
Originally Posted by FightingForFamily View Post
Disclosing income taxes, notices of assessments and adjust CS based on them is part of the family law act now. It's not really optional.
While that may technically be true ... good luck enforcing it

Took my brother over 3 months to get the req'd NOA ... and then his ex outright has refused to adjust.

My brother has had to file a Motion to Change, simply requesting guideline child support based on 2012 NOA ... had first appearance in January and now Case Conference scheduled for April.

By that time, he'll be fighting to obtain her 2013 tax info.
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Old 02-11-2014, 02:28 PM
FightingForFamily FightingForFamily is offline
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There's no problem with enforcing it. A judge won't ever order someone to NOT produce the disclosure or adjust the CS. It's a "slam dunk" if you go after it. And usually win costs as well.

Additionally, legal costs for such are even tax deductible.
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Old 02-11-2014, 06:22 PM
DunnMom DunnMom is offline
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Quote:
Originally Posted by FightingForFamily View Post
There's no problem with enforcing it. A judge won't ever order someone to NOT produce the disclosure or adjust the CS. It's a "slam dunk" if you go after it. And usually win costs as well.

Additionally, legal costs for such are even tax deductible.
Any "guesstimate" of how far my brother will have to take it? Will it end up at a trial or can a judge issue a Support Deduction Order at a Case Conference?

(I will PM you with more details)
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Old 02-13-2014, 01:24 PM
smileandwalkaway smileandwalkaway is offline
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How do you get someone to disclose tax return and NOA? My divorce order states we exchange every year by May 1st retroactively each year. May 2013 was our 1st "required" exchange. I've been asking numerous times, starting with a friendly reminder shortly before our deadline, for this disclosure via email. He has yet to even acknowledge any of this.
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Old 02-13-2014, 01:56 PM
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arabian arabian is offline
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Lawyers should be proceeding with contempt application and have specific dates/deadline for your ex to purge his contempt. After a certain date they have to pay $$/day that they remain in contempt. Something to discuss with your lawyer.
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