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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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  #11  
Old 08-24-2021, 10:44 PM
gmcode gmcode is offline
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what if sold the house? can the money(sitting in the bank) from the residential property sale be ordered to pay CS? thanks!
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  #12  
Old 08-25-2021, 07:28 AM
rockscan rockscan is offline
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Quote:
Originally Posted by gmcode View Post
what if sold the house? can the money(sitting in the bank) from the residential property sale be ordered to pay CS? thanks!

Only if there is a retro order so no.


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  #13  
Old 08-25-2021, 08:45 AM
JCOakville JCOakville is offline
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I thought they would look at 2017 Income for retro CS for 2018?
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  #14  
Old 08-25-2021, 09:44 AM
rockscan rockscan is offline
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Originally Posted by JCOakville View Post
I thought they would look at 2017 Income for retro CS for 2018?

No. Once your income is known they can calculate accordingly. The only time they look at the previous years income for current cs is if the current year isnt known.
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  #15  
Old 08-25-2021, 11:00 AM
Stillbreathing Stillbreathing is offline
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If you have no income but sold a house and that money sits in the bank they will look at two things: 1) any interest that money makes
2) capital gains made from the sale of the house
Both those things can be considered as income for cs or ss purposes
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  #16  
Old 08-25-2021, 11:38 AM
rockscan rockscan is offline
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Interest is only considered if its investment income. Like if you take out funds from a TFSA or RRSP. And it has to be significant. For instance my husband and I get about $75 a year from our investments as it is reinvested. His amounts were not included in his income for cs the one year it was looked at.

I believe capital gains are paid on the sale of a second or investment property. I looked into this for my in-laws selling their cottage. If its your primary residence then CG are not applied.

You really need a lawyer for your case especially if you are worried about your savings being considered for cs and a lump sum payment. Your ex does not get to dictate how cs is paid and she cant make threats on not getting a lump sum payment. If you are jumpy about every little thing, a lawyer can give you good advice and keep you calm. Even if you go for a one hour appointment to hear that advice.
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  #17  
Old 08-25-2021, 12:45 PM
gmcode gmcode is offline
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she is threatening me on lump sum, she said if I did not pay lump sum, she will claim retro, property and so on. Can I use her threatening email to against her at court?
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  #18  
Old 08-25-2021, 02:14 PM
Kinso Kinso is offline
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Can I use her threatening email to against her at court?
Probably not.
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  #19  
Old 08-25-2021, 02:21 PM
rockscan rockscan is offline
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No you cant use the email but she also cant threaten you with stuff.

She is entitled to retro BUT she may have to outline what took her so long to claim it. She cant go back more than 3 years from her first request so at most you may have to back those three years.

She cant go after your property. She may be thinking shes entitled to half your property but she isnt. This isnt an equalization thing. This just involves child support.

As previously stated in another thread, calculate what you should have paid for the last three years and offer that amount and a monthly cs amount based on your current income. PUT THAT MONEY INTO A BANK ACCOUNT. Add in each month the amount of cs.

You tell her that you are not comfortable paying out a lump sum and know you are legally obligated to pay three years retroactive and a monthly amount going forward and provide her with that offered amount.

THEN YOU IGNORE HER. She wants this money she can file a motion which you would respond to. Within your response you will explain that you paid a lump sum and she refused you access to the child. That she resurfaced this year and began demanding a lump sum payment. You calculate you owe her xyz in arrears and abc monthly going forward.

A judge will tell her what she is and isnt entitled to. Once you make the offer you dont have to respond to her until she files in court. This is harassment and isnt good for your mental health.
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  #20  
Old 08-27-2021, 02:14 PM
StillPaying StillPaying is offline
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Disability doesn't mean zero income. Just like last time you went on LTD, you'll still receive most of your pay; not if you quit. As a parent, you have an obligation to support your kids.

A lawyer is needed to review your previous lump sum agreement, but I would listen to kinso. You'll be assigned a reasonable income, if zero or low, for each year since separation. Hopefully you'll get credit for your lump sum and pay a new monthly amount moving forward.

Your assets don't mean much. It's the reasonable income you'll be imputed and pay accordingly. Go on LTD again if needed, but definitely don't quit.
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