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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 01-19-2012, 06:58 PM
fatherles fatherles is offline
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Default Calculating Support Help

do you subtract spousal support when calculating support for the next year so line 150 minus schedule 3 then do you subtract spousal support to get the income for the next year is this correct thank you
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Old 01-20-2012, 11:15 AM
FightingForFamily FightingForFamily is offline
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Read the spousal support guidelines to get a better understanding of the formula. Unlike Child Support which is based entirely on your gross income before any deductions, Spousal Support is based off net income. You need to compute the NDI (net disposable income) for each person.

Your NDI is based on your gross income minus taxes, child support and any other "family expenses" that you continue to cover. This includes things like insurance premiums that benefit your kids or ex spouse, anticipated S7 expenses.

Your ex spouses NDI is also computed.

Based on your NDIs there is a percentage amount that should be going towards SS. The guidelines identify a low/median/high percentage which can vary on your situation.

What you usually want to offer if your spouse is entitlement is to pay the median amount for the minimum time. The minimum time is generally 1/2 the duration of the marriage. When entitlement is proven in court, this is the minimum the judge would order so it's best to offer it yourself.
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Old 01-20-2012, 11:18 AM
FightingForFamily FightingForFamily is offline
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Just to be clear, CS always has priority over SS. You pay CS first and whatever money is left is used to compute SS.
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Old 01-20-2012, 01:13 PM
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Originally Posted by fatherles View Post
do you subtract spousal support when calculating support for the next year so line 150 minus schedule 3 then do you subtract spousal support to get the income for the next year is this correct thank you
MySupportCalculator.ca

Just as accurate as DivorceMate in my opinion.

Good Luck!
Tayken
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Old 01-20-2012, 09:07 PM
ddol1 ddol1 is offline
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ok interesting - would that then mean that after the first year, when all the proper ins and outs are taken into account to come up with a valid SS dollar figure..... What I am reading here is on year two the payor can then deduct any SS paid to in essence reduce year two's SS buy reducing the net income by yet another deduction which would be the SS paid in year one? Thus reducing the SS paid out in year 2 by a significant amount? (This is assuming that SS in year 1 was a substantial figure??)
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Old 01-20-2012, 10:59 PM
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No, SS is not usually recalculated year by year. It's set once at the beginning and stays the same from there, unless someone makes a motion to change it. Sometimes changes are built in from the start, but it's not dependent on subsequent income variations. You may be confusing it with child support.
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Old 01-21-2012, 09:15 AM
momforever1956 momforever1956 is offline
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From my understanding SS is based on pre-tax income, and the ONLY amount which is considered for reducing the income number is Child Support if there is dependant children and this is also true for year 1.
ddol1---therefore SS is not reduced year 2 by a new income number taking into consideration what was paid in SS year 1.
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Old 01-23-2012, 09:37 AM
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I believe that SS is determined by net income, not grosse income. To even make the entitlement for SS, the payees income must be less than 40% of the combined net disposable income.
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Old 01-23-2012, 04:40 PM
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Hi HammerDad
I am just going to put it out there - from everything I understand -- Entitlement is just that entitlement. How much SS or how long it will be paid is an entirely seperate beast. There is a definate line where amounts are not a factor at all.

It Is a simple By the rules contained in the current family law act - was this couple married? how long and I believe if there are children envolved? From there the right to support is determined - Period. Entitlement Yes--No?? If Yes then they move to how long, how much, use the with or without children formula. Incomes can change in a heartbeat (why I am told the 13.1 form is a continually updated document to reflect Current financial status and since this is the case a borderline income level couldn't and shouldn't be a defining factor IMHO on this one......
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Old 01-24-2012, 10:32 AM
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Originally Posted by ddol1 View Post
Hi HammerDad
I am just going to put it out there - from everything I understand -- Entitlement is just that entitlement. How much SS or how long it will be paid is an entirely seperate beast. There is a definate line where amounts are not a factor at all.

It Is a simple By the rules contained in the current family law act - was this couple married? how long and I believe if there are children envolved? From there the right to support is determined - Period. Entitlement Yes--No?? If Yes then they move to how long, how much, use the with or without children formula. Incomes can change in a heartbeat (why I am told the 13.1 form is a continually updated document to reflect Current financial status and since this is the case a borderline income level couldn't and shouldn't be a defining factor IMHO on this one......
To quote Justice Quinn in Bruni v Bruni:

[158] I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional).
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