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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 11-30-2020, 11:17 AM
THatley THatley is offline
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Default Support Payment Question (Recalculation)

Hello:

I currently share custody of my two daughters (7+9) with their father 50/50. Here are the details of this arrangement

I'm a sales person and I make $50,000. I own a home which has a basement apartment I get $1300/month from my tenant.

My ex owns his own insurance business and on his notice of assessment he reports $35000. His RRSP contribution from 2019 states that he can contribute $62000. His father bought him a home (an advance on his inheritance he claims) in 2018 and this has made it so he doesn't have to make a lot of money. His girlfriend moved in almost a year ago after selling her home contributes to his bills but doesn't work either.

In our agreement we stated that we both get the child tax benefit for one child but we made a private agreement that he would give me his half considering the circumstances of our finances. Until this past month he was giving me $576/mth. This past month however the government gave him notice that they are taking back his 2019 payments and will only give him $250 for the next 9 months. He tells me that he won't come out of pocket to pay me so he will now only give me $250.

I don't feel that this is fair but on paper I actually make more money than him. He is threatening if I take him to court he will stop paying me entirely (the $250 from the child tax benefit) and he tells me since I technically make more he will make me pay. Also he threatens that I will have to pay his court costs. I cannot afford a lawyer so I'll be representing myself.

I am thinking of applying for a recalculation of child support but I fear I might have to pay my ex.

Can anyone shed some light in regards to the legality of this scenario?

Does it matter that his father gave him advance on his inheritance and created a scenario where my ex only has to work minimally to meet his financial obligations?

Is this house considered excluded property?

Thank you in advance.
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Old 11-30-2020, 12:49 PM
rockscan rockscan is offline
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There are a lot of things in here so I will try to break down my comments:

To begin, if you feel he is purposely underemployed and can make more money then that is a completely different fight that you have to consider. But ask yourself if it is worth it for a few bucks each month. The legal cost to fight him would out weigh it.

His RRSP contribution limit means nothing. You get a set amount to start when you begin filing taxes and it is added to each year. For instance, ten years ago my contribution limit was 90 grand. I then had a buy out and maxed out my contribution. Now my annual amount is $4000. I dont earn that low an income, its just what is allowed.

As for the house, his parents, friends, gf can give him whatever they want. He can even win the lottery, nothing matters when it comes to support. Go back to my first comment, if he is purposely underemployed then that is relevant. What he owns and who he lives with is not.

You two made an agreement on what to do with the tax benefits which technically he is entitled to keep. He is now having them scaled back and offered to give you that amount. He could tell you to get bent and would be allowed to do so.

Hes right about the rest. You would owe him cs in an offset situation unless you could prove he is purposely underemployed which would be costly. If you take it to trial and lose then you would pay either all or a portion of his costs.

My advice? Take the $250 and shut up. You make more money than him and would have to pay cs. If you go and recalculate then you would pay more and lose the tax benefits.


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Old 11-30-2020, 01:34 PM
THatley THatley is offline
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Ok thanks for your reply. One piece of information I left out...in our agreement he agreed to be imputed an income of $67000. Also we had a letter notarized at city hall that he would give me his portion of the child tax benefit. Seems absolutely ridiculous that I would pay him because I have to work like a regular person to pay my bills while his dad can buy him a house...he intentionally doesn’t work or takes just enough out of his business to survive and I would have to pay him.
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Old 11-30-2020, 01:41 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by THatley View Post
Ok thanks for your reply. One piece of information I left out...in our agreement he agreed to be imputed an income of $67000. Also we had a letter notarized at city hall that he would give me his portion of the child tax benefit. Seems absolutely ridiculous that I would pay him because I have to work like a regular person to pay my bills while his dad can buy him a house...he intentionally doesn’t work or takes just enough out of his business to survive and I would have to pay him.
It all boils down to what is on his Line 150 and on your Line 150. At 50-50 access then it will be offset calculated and you will be paying him. That is just the reality of the situation.

You are being penny wise and pound foolish. I would recommend you let this go and be happy with what you have.

Family wealth is a real thing and nothing you can do about it. Just be happy that eventually, if there is any family wealth left it will probably pass along to the children.
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Old 11-30-2020, 01:49 PM
THatley THatley is offline
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Ok so on my line 150 last year it was 34,000 he is imputed 67,000. According to what I found online (a support calculator) he still owes me $530 in support.

Ok I get it in regards to the family wealth thx.
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Old 11-30-2020, 02:15 PM
rockscan rockscan is offline
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You said you have rental income and that gets included with your line 150.

If he was imputed at 67000 then you use that income and your full income (rental included).

Despite what you agreed to, it could be overturned by a judge. Not to mention that just because the amount he received was a higher number, he is still giving you the full amount they have clawed back to.

Like Tayken saidpenny wise, pound foolish. Let it go. Who cares who buys him a house or who co tributes to expenses. That is simply bitterness on your part. Find your own partner to support you to balance it out if you are that upset.


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Old 11-30-2020, 02:40 PM
THatley THatley is offline
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Quote:
Originally Posted by rockscan View Post

Like Tayken said�penny wise, pound foolish. Let it go. Who cares who buys him a house or who co tributes to expenses. That is simply bitterness on your part. Find your own partner to support you to balance it out if you are that upset.


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No thanks I’m happy being single and not being told to “shut up” or being spoken to like this. Why? I’m trying to figure out the legalities of my situation...I guess putting myself out there on a public forum makes it easy for people to make judgements about your intentions or situation. Would you speak like this to my face or is it just behind a computer screen?

I work hard and I am constantly struggling to stay on top of bills. I pay for all my kids extracurricular activities/school uniforms / bdays party’s etc and I’m left arguing with this spoiled brat for his half of the money afterwards. Meanwhile he has motorcycles and land rovers in his driveway lives in the most expensive neighborhoods in our city. He has the option to simply not work and heaven forbid I make too much money (more then $67000 I guess) or I could have to pay him?

I didn’t have the renter until 2020 so that wouldn’t be included on my 2019 tax report.
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Old 11-30-2020, 02:50 PM
velas velas is offline
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You can also claim expenses against your 1,300 a month in basement apartment income. A portion of the mortgage interest, a portion of the utilities (if they're included in the rent) any expenses you have maintaining the basement apartment etc. I would suggest going forward you both just pay each other what is owed in support and leave the child tax to whoever is eligible to claim it. You should both be able to claim one child. Way easier, I would think?


And I totally get that he seems to live a much higher lifestyle than what his earning suggest, and if you feel it's significant, you could motion to have an even higher amount imputed. Set-off child support isn't just A-B, that's what it starts at and then takes into consideration all sorts of things.

Last edited by velas; 11-30-2020 at 02:52 PM. Reason: added more
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Old 11-30-2020, 03:11 PM
THatley THatley is offline
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Quote:
Originally Posted by velas View Post
You can also claim expenses against your 1,300 a month in basement apartment income. A portion of the mortgage interest, a portion of the utilities (if they're included in the rent) any expenses you have maintaining the basement apartment etc. I would suggest going forward you both just pay each other what is owed in support and leave the child tax to whoever is eligible to claim it. You should both be able to claim one child. Way easier, I would think?


And I totally get that he seems to live a much higher lifestyle than what his earning suggest, and if you feel it's significant, you could motion to have an even higher amount imputed. Set-off child support isn't just A-B, that's what it starts at and then takes into consideration all sorts of things.
Thank you this is very helpful!
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Old 11-30-2020, 03:27 PM
rockscan rockscan is offline
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Yes I would say it to your face. Better us than a judge who could order you to pay costs for a wasted motion.

As for the extra expenses, if they are legit section 7, submit them. Hell, see if you can go with an enforcement agency like FRO and have it put against him. There are things you can do.

As for the expenses that come off the rent income, they are not always acceptable for child support calculations. A judge may consider it gross income and apply it. Do a search on canlii.

You could also advise him that you will forgo the $250 a month but do expect the share of expenses he is required to pay. When he argues for recalculation you can also remind him agreed to an imputed income and would continue to demand the income be imputed.

The bottom line is that this a losing battle. Leaving out how he lives his life and where he lives etc, the argument stands against your two incomes. Even though the amount only started this year, the likelihood of having 2019 make a difference in the grand scheme of things is minute. He would argue for it to go forward from 2020 and his income being lowered and you would argue for imputation and section 7 expenses. The two of you would end up right where you began except with money and frustration spent.


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