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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 01-03-2020, 06:41 AM
Kkc Kkc is offline
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Default Overpayment of support

Another quick question

Background

Self employed...support payments set up without prejudice in Feb 2019 for remainder of year based on last four months of 2018 (worked way less). My self employment income came in drastically lower than our initial projections so much so I have overpaid support by like 20k.

Reasons for decrease in income are well documented health issues for myself and unforseen necessary business expenses.

I am told I would be credited. Has anyone been in this position? Will that 20k be recoupped over 2020 with less support payments?
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  #2  
Old 01-03-2020, 07:03 AM
Kkc Kkc is offline
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I should add I have kids 43 percent of the time...there is no yet established primary residence
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Old 01-03-2020, 12:13 PM
rockscan rockscan is offline
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There are certain business expenses that cannot be deducted from income for support purposes. Plus the additional business expenses could be seen as purposely underemployed. If I were you I would look through canlii and see what can be considered an expense for support purposes and go with that amount. Or you could take your gross billings/income and consider how much to subtract due to your health issues.

There are a lot of self employed people (like truckers) who suddenly reduce hours or claim a multitude of expenses to reduce child support. Judges donít like that.

Time with kids means nothing. You are full cs payor and thats what matters.
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Old 01-03-2020, 12:27 PM
Kkc Kkc is offline
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I have reviewed these expenses with the independent accountant who verifies my income. It's all good. He did an initial one in 2018 and there were none that applied that he imputted back on me (ie golf membership). This guy handles these types of things routinely and goes to court often enough in these scenarios so he is quite knowledgable. I would never just present my numbers and expect to it to be accepted without independent verification.

From Sept 2018 to Feb 2019 we had. Anesting agreement where I was in house on weekends.
Basically I'm a physician and the ex put a camera in the house to spy on me. Unfortunately it captured phone calls to patients and potentially my charts. I have a case open as I had to self report the breach of records. Without going into details on the proof and that whole issue..she straight up denies hard evidence..so all legal fees related to that are legit.

In addition she tried and wanted to put a restraining order on me. If that goes through I lose my liscence and there is no business.

So it's all legit

In terms of health issues..imagine if for months everything you did said was monitored in real time by the stbx and her mom. Phone calls to my dying brother telling him how cancer was now in his brain...that shit can really affect you psychologically and traumatically...my partners in my office forced me to take a leave to get help. I had to hire another doctor to cover my practice..so yes I understand people fake illnesses..I see it everyday..there's nothing fake about this


But anyways..now that I've clarified why my income is low...how does overpayment work
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Old 01-03-2020, 02:36 PM
Berner_Faith Berner_Faith is offline
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Does your ex agree with this over payment? Do you have a written agreement that outlines your cs? Does your agreement state allowable expenses? Just because something is a a legit expense for CRA doesnít mean itís a legit expense to reduce CS... and if your ex doesnít agree court it is... if you over paid by $1600 a month, you either make a ton of money where $1600 a month is pocket change to you or you were basically barely making ends meet


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  #6  
Old 01-03-2020, 02:42 PM
Kkc Kkc is offline
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Thx..the process is what I'm looking at

We don't even really have a separation agreement..the process is assbackwards

Our agreement for cs basically says the amount based on my projected 2019 income of x. Again non prejudice. The total net earnings of the business are x minus like 50k.

Again CRA vs support..all my expenses have been discussed with the accountant doing my income stream analasis and says it is all valid.

My Billings reduced a significant amount mostly bc of not working weekends to be with kids (which she allowed).I am extremely behind on corporate and personal taxes so yes paying her this much has been a struggle. to
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Old 01-03-2020, 02:44 PM
Berner_Faith Berner_Faith is offline
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When does your agreement say you adjust support? If you think youíre going to be able to reduce support by $1600 a month until itís paid back good luck. There really isnít a process for an over payment and Iíd expect this to go to mediation or a judge if you canít agree with your ex


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Old 01-03-2020, 02:57 PM
Kkc Kkc is offline
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I just checked..the interim agreement says at review
All non prejudice
I do recall a few months ago when we imputted the numbers wrong on divorce mate and it showed I was underpaying her..she said I would have to catch that up..

All I wanted was to see if people had a similar situation as all cases are unique and my divorce process has been ass backwards in terms of process...but I don't want to get into that
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  #9  
Old 01-03-2020, 03:05 PM
Berner_Faith Berner_Faith is offline
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Repayments are unique and there is no one size fits all... your best bet is to work it out with your ex


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  #10  
Old 01-03-2020, 03:11 PM
Kkc Kkc is offline
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Honestly what I want to do

On equalization she owes me 110k
During nesting period we agreed to accounting of joint monies spent and she spent 40k of my funds including sticking me with a 15k credit card bill (she wrote a bunch of checks to her mom tonnes of ATM deposits)

Now this overpayment

There is 150k each left in trust from the sale of house still and we each got 50k previously..I want to leverage all the above for a buyout..cheapest and quickest and peace of mind...plus I wouldn't notice it
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