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Child support and Spousal support

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  • Child support and Spousal support

    Hello all,
    When calculating child support do you add spousal support to the persons income in calculating child support?

    for example:

    One makes - 75000

    One makes 40000 and spousal?

  • #2
    Child support is based on the payors gross income. Not after spousal, not the recipients income etc.

    If you pay offset Im pretty sure its before spousal too.

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    • #3
      See the step by step worksheet here for details..
      Worksheet 1: Calculate your annual income - The Federal Child Support Guidelines: Step-by-Step

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      • #4
        MySupportCalculator.ca may also shed some light on the situation too.

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        • #5
          No, spousal support is not considered income when calculating child support.

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          • #6
            When calculating child support do you add spousal support to the persons income in calculating child support?
            Assuming the parties exchanging support are the parents of the child(ren): No.

            The order of operations is first child support, then spousal. Thus, the amount of spousal support being paid has already factored in child support being exchanged.
            For a discussion of this pre-SSAG, see: http://canlii.ca/t/1nt9m

            I am not familiar with any cases where a payor of child support is the recipient of spousal support from a different relationship. (ie, A pays B spousal support, B pays C child support). Tayken?

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            • #7
              Originally posted by OrleansLawyer View Post
              Assuming the parties exchanging support are the parents of the child(ren): No.

              The order of operations is first child support, then spousal. Thus, the amount of spousal support being paid has already factored in child support being exchanged.
              For a discussion of this pre-SSAG, see: http://canlii.ca/t/1nt9m

              I am not familiar with any cases where a payor of child support is the recipient of spousal support from a different relationship. (ie, A pays B spousal support, B pays C child support). Tayken?
              This is a great case example of a 16 year old kid who lives with dad with a mom paying CS to dad and receiving SS from dad. Similar to doing offset CS and one party receiving SS.

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