Hello all: I apologize as I am new to this discussion board... I did some searching on the matter and didn't come up with anything that specifically applied to my situation.
Here is the story:
My ex and I are separated now for 5 months. We have 1 autistic son who is 9 years old.
I work at reasonable job and earn around $65K per year.
My ex has never worked but has an extremely wealthy father. She has used a credit card supplied by her daddy for $5000 per month in expenses that were paid for without question over the course of our 11 year marriage. She had a taste for high end shopping and fine dining. Within 2 months of our separation she was moved in to a high end $300K townhouse purchased for her by her father. She also has a large sum of undisclosed money in trust from her late mother's estate. I am still living in the matrimonial home and will be selling it shortly.
She has also struggled with mental illnesses throughout our marriage and was a key factor that contributed to its eventual failure.
Currently our son lives with her Mon-Fri whereas I get to have him on the weekends.
Our son attends a private school for autistic children that costs $10,000 per year in tuition fees and an additional $3000 worth of fund raising obligations.
I am paying the guideline amounts for child support and I am OK with sponsoring 90% of the section 7 expenses but she is suing me for $1400/mo spousal support in addition to all that. If I was to agree to her demands then I will have at best $1000 per month left for myself to live off.
I am afraid that if she continues down this path then I will no longer be able to afford to send our son to the school program in which he has been flourishing which will force him to go to public school, and I will be the bad guy for not being able to pay. I don't mind paying spousal support but in my mind our son comes first and there simply isn't enough money in my salary to go around. Considering her access to wealth/funds through her father I really don't see why she needs the money other then as a means to punish me. Do I have any legal grounds to fight her claims for spousal support as she is clearly a far cry from being poor.
I am also trying to find a way to maximize the amount of income that is not getting taxed away. As a consequence of paying child support, I can no longer claim the "disability tax credit transferred from dependent" which is a huge tax break that could allocate more funds to cover his section 7 expenses. Is there any way under the current scenario that I might still be able to claim this? Like what if the money I give to her is called "spousal support" instead of "child support"? How does my shared custody situation impact this claim?
I am trying to model various tax situations to see what keeps the most amount of money out of Ottawa but I am not sure if I understand the rules correctly.
Any input you all have on this situation is greatly appreciated.
Here is the story:
My ex and I are separated now for 5 months. We have 1 autistic son who is 9 years old.
I work at reasonable job and earn around $65K per year.
My ex has never worked but has an extremely wealthy father. She has used a credit card supplied by her daddy for $5000 per month in expenses that were paid for without question over the course of our 11 year marriage. She had a taste for high end shopping and fine dining. Within 2 months of our separation she was moved in to a high end $300K townhouse purchased for her by her father. She also has a large sum of undisclosed money in trust from her late mother's estate. I am still living in the matrimonial home and will be selling it shortly.
She has also struggled with mental illnesses throughout our marriage and was a key factor that contributed to its eventual failure.
Currently our son lives with her Mon-Fri whereas I get to have him on the weekends.
Our son attends a private school for autistic children that costs $10,000 per year in tuition fees and an additional $3000 worth of fund raising obligations.
I am paying the guideline amounts for child support and I am OK with sponsoring 90% of the section 7 expenses but she is suing me for $1400/mo spousal support in addition to all that. If I was to agree to her demands then I will have at best $1000 per month left for myself to live off.
I am afraid that if she continues down this path then I will no longer be able to afford to send our son to the school program in which he has been flourishing which will force him to go to public school, and I will be the bad guy for not being able to pay. I don't mind paying spousal support but in my mind our son comes first and there simply isn't enough money in my salary to go around. Considering her access to wealth/funds through her father I really don't see why she needs the money other then as a means to punish me. Do I have any legal grounds to fight her claims for spousal support as she is clearly a far cry from being poor.
I am also trying to find a way to maximize the amount of income that is not getting taxed away. As a consequence of paying child support, I can no longer claim the "disability tax credit transferred from dependent" which is a huge tax break that could allocate more funds to cover his section 7 expenses. Is there any way under the current scenario that I might still be able to claim this? Like what if the money I give to her is called "spousal support" instead of "child support"? How does my shared custody situation impact this claim?
I am trying to model various tax situations to see what keeps the most amount of money out of Ottawa but I am not sure if I understand the rules correctly.
Any input you all have on this situation is greatly appreciated.
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