Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #11  
Old 04-08-2018, 10:52 PM
Rioe's Avatar
Rioe Rioe is offline
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,353
Rioe will become famous soon enough
Default

I'd say pay CS on your current, actual income, and get SS set based on your $40k that you made during the marriage in Canada. That's the income you would have continued to make had the marriage not ended, the only income she ever contributed towards.



Then, move back to Canada, be a parent to your child, and pay CS based on the new salary in whatever job you find.


You are trying to convince us that you are staying away from your child so that you can support her, but it comes out like you are choosing money over your child.
Reply With Quote
  #12  
Old 04-09-2018, 08:27 AM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,701
Janus will become famous soon enoughJanus will become famous soon enough
Default

Quote:
Originally Posted by arabian View Post
Time to man-up and be responsible for your actions.


Does a woman ever have to woman-up and be responsible for her actions? Or is being responsible just a man thing?
Reply With Quote
  #13  
Old 04-09-2018, 08:58 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,307
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Some of the judgey comments are unnecessary. This guy came here for advice not a stoning. Can we remember what this forum is for? Advice and information. If you dont agree with his position, save it for a private message. All youre doing is opening the door to trolls which just leads the thread down the stupid path.

To get back to his question: will he have to pay spousal? Yes. It will be up to the argument for and against that will determine how much and how long. At this point it doesnt look good. You brought her here, your marriage wasnt long, you left for a significantly higher income. The fact she came from another country may make this a longer term time type of question which means longer spousal. Just because she took english classes doesnt mean shes suddenly employable. There is a lot of bias in the Canadian workforce towards people who dont speak the language well and that could also impact her confidence. You may want to look at settling with a higher number with a longer term step down. You will pay full table cs based on the highest number which will need to be updated as it changes.

I would also agree you should make an effort to come back to Canada to make seeing your child easier and possibly working towards 50/50. You are setting status quo which means if say in five years you move back, you are set as an every other weekend dad. As your child ages, she will stop wanting to see you as much and then youve lost all contact with her. Think past the money to the relationship. Money is great but it doesnt replace a parent.

Best advice at this point? Get a lawyer.
Reply With Quote
  #14  
Old 04-09-2018, 08:58 AM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,697
arabian will become famous soon enough
Default

Quote:
Originally Posted by Janus View Post
Does a woman ever have to woman-up and be responsible for her actions? Or is being responsible just a man thing?
Absolutely - very good point. My comment was inappropriate.
Reply With Quote
  #15  
Old 04-09-2018, 10:15 AM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,701
Janus will become famous soon enoughJanus will become famous soon enough
Default

Quote:
Originally Posted by seeker101 View Post
Wife = 29 years old

That's fairly young. She will have a greater obligation to become self-sufficient.

Quote:
Wife
-claims she is new to Canada (even after 3 years), looking to go to college to upgrade her education (no proof provided)
She already has a degree, right? Why does she need more education? Does she have a particular job that she is looking to get? Does she have a plan?


Lots of people have young kids and work. I had 2 young kids and worked. That's why we have daycare.


Quote:
Child Support
-At our first case conference, I entered into a consent order based on an income of 141,600
Agreeing to something on consent is often terrible. CS should be based on income. If your income goes up, the consent won't save you. If your income goes down, you might be stuck paying at $141k.


Quote:
Section 7 daycare expense
-Although not explicitly included in the order, I did this with the understanding
If something is not explicitly included in an order, you can usually safely assume that it is not in the order. I'm sure you had some understandings with your ex when you brought her to Canada, they don't count for much.




Quote:
What should be my course of action? Motion for disclosure i.e. subsidy info, evidence this is necessary expense, etc? OR ignore it as the onus should be on her to prove this is a necessary expense?
You should be paying the net amount, after subsidies. She cannot provide you with the daycare receipt and ask you to pay. It is reasonable to ask, politely, in writing, for the NET cost of daycare.


"Dear ex, I will happily pay my proportion of necessary S7 daycare costs. Obviously, I cannot do so until you have provided me with the net cost. Please do so at your earliest convenience.

Also, please indicate if these S7 daycare expenses are for educational or work-related needs. If it is educational, please provide me with an academic schedule. If it is work-related, then please indicate the hours that you will be working.


Finally, as always, my parents would love the opportunity to take care of our daughter. It is in her best interests to be with caring people, and her grandparents will obviously have a better connection than some random stranger. Please let me know if you have any objections to them providing appropriate daycare opportunities
."


I'm not sure about the second paragraph.


Quote:
Spousal Support
Quote:

Based on SSAG with child formula, my income 96,000 / wife income 0, the calculator suggests $1,753 (low end) to $2,258 (high end) with 5-16 years.
16 years for a 5 year marriage for a 29 year old? Are you sure you entered your information correctly? That seems excessive.

Quote:
-as per OSPE (a professional body in Ontario) 2017 compensation survey, $75,000 is the national average salary of a professional with same level of experience as me.
This is idiotic. What the hell does the average salary of somebody like you have anything to do with how much you actually made? You made X dollars, you pay on X dollars. This is a stupid game to play.

Quote:
-this also happens to be the midpoint of my average income of $40,000 during marriage and POST separation income of around $110,000.
You made X dollars last year, so you pay on X dollars. It doesn't matter what you made in 2015 or whatever low earning year you are trying to drag into the mix.


Quote:
-the social assistance/tax benefits that she is receiving should be treated as income for spousal support purposes -> this is maybe around $10,000 15,000 (she didnt provide her 2017 statement of benefits)
Sure, maybe, it won't change much. Focus on reducing the length of SS.


Quote:
-Im willing to pay support for 1 year retroactive to date of separation (may 2017) because:
All this will do is cost you money and not win any brownie points. Pay her from separation, not from before separation.


You're so weird, random money you're willing to pay, but then complete made up nonsense to reduce the money you pay.

Quote:
-compensatory claim is weak because any sacrifices she made professionally (i.e. taking care of our daughter) prior to our reconciliation was explicitly let go when she completely withdrew her earlier claims.
Hahahaha, that's a new one. I'll give you credit, you're creative.


...and no, she didn't explicitly let go of anything. Nice try though.





Quote:
Therefore, ongoing/future care for the child should not hinder her professionally and hence she should not be compensated financially for that.
See, you started off strong, but then you went off the rails. I'm guessing you don't have any kids, so you have no idea how hard a kid hits you.


She is permanently hindered. She moved to be with you. She was out of the workforce for years to take care of the kid. You got to go to a job that pays you a huge salary and not worry about the kid. You are going to get nailed if you try to deny compensatory SS.


PS: If you don't live in the same country as your young kid, then you don't have a kid.

Quote:
This proposed amount of $1,100 per month plus CS of $870 (based on my full income) will easily meet her monthly expenses as evident from her Financial statement.
So you are going to have a job that pays about $141k, living on your own, and your ex should be just fine on about $24k, which includes taking care of the kid?


You don't actually believe that, do you?

Quote:
- if she does not agree with this offer, which I am pretty sure she wouldnt, then I can also propose to pay her college tuition cost (around $10,000) -> this will also meet the objective of promoting her self-sufficiency rather than simply handing out cash to her.
I don't think you'll get much for that $10,000. Pay the SS and let her spend it as she sees fit. Don't be a control freak. It doesn't play well in court.

Quote:
-how should I make sure she does not come back and seek more support if say she never goes to college, takes longer to finish school, goes abroad to her family for an extended amount, etc? what should be the legal wording?
Have a firm end date for SS.

Quote:
I thank you all in advance for taking the time to read this and providing insights.
While I think you have (had?) some serious misconceptions, I think people are coming down too hard on you.
Reply With Quote
  #16  
Old 04-09-2018, 12:35 PM
kate331 kate331 is offline
Senior Member
 
Join Date: Sep 2017
Posts: 651
kate331 is on a distinguished road
Default

I do have sympathy for this poster and especially his child that he hasn't seen her in a year, and she is only 2 years old. So many mile stones he has missed out on. Her personality would be starting to show, its such a fun age.

Even Supervised visits are better than nothing.
Reply With Quote
  #17  
Old 04-09-2018, 12:46 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,428
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Reads like a law student testing community knowledge for a paper.
Reply With Quote
  #18  
Old 04-09-2018, 03:37 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,697
arabian will become famous soon enough
Default

Quote:
Originally Posted by Tayken View Post
Reads like a law student testing community knowledge for a paper.
yeah something is off about this
Reply With Quote
  #19  
Old 04-09-2018, 09:29 PM
Rioe's Avatar
Rioe Rioe is offline
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,353
Rioe will become famous soon enough
Default

Quote:
Originally Posted by Janus View Post
16 years for a 5 year marriage for a 29 year old? Are you sure you entered your information correctly? That seems excessive.

That's just the phenomenally stupid and sexist SS calculator in action, which believes that a mother can't possibly work while she still has a child in school. The kid is 2, therefore the mother must not be able to work until the kid graduates in 16 years.


High range end point of SS duration is always equal to the youngest child turning 18, and has nothing to do with age of the mother or length of the marriage (unless those make it even higher).
Reply With Quote
  #20  
Old 04-10-2018, 09:21 AM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,701
Janus will become famous soon enoughJanus will become famous soon enough
Default

Quote:
Originally Posted by Rioe View Post
That's just the phenomenally stupid and sexist SS calculator in action, which believes that a mother can't possibly work while she still has a child in school. The kid is 2, therefore the mother must not be able to work until the kid graduates in 16 years.


High range end point of SS duration is always equal to the youngest child turning 18, and has nothing to do with age of the mother or length of the marriage (unless those make it even higher).

I did not know this. It is indeed phenomenally stupid and sexist.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
When an asset becomes income Justoveramillion Financial Issues 6 10-19-2011 06:45 AM
Annual CS Adjustment noblefather Financial Issues 4 07-17-2011 03:39 PM
Other Party Requesting Personal Documents - Do We Oblige? #1StepMom Divorce & Family Law 21 07-06-2011 08:47 PM
FRO and annual income fluctuations? Paytable2 Financial Issues 11 08-12-2010 02:22 PM
child support and EI beltane Financial Issues 3 06-07-2006 09:28 PM


All times are GMT -4. The time now is 07:28 PM.