Announcement

Collapse
No announcement yet.

Ex not disclosing income, next step?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Child tax is calculated by household income. My ex's husband mooches off her and doesn't work so they get the maximum amount in child tax. Because the only income my ex receives is child tax, disability and lost income from a settlement (all tax free and does not show up on her line 150, well other than the disability)....I can ask to have her income imputed for figuring out her proportionate share of Section 7 expenses. Any income that is tax free can be "grossed up" to what it would be prior to paying taxes to show what the income would be if it were income earned through employment. You would figure out the tax free amount for example $20,000 before tax would roughly be $25,000.

    Comment


    • #17
      The child tax benefit and any settlement pay outs are not income. Im pretty sure you can’t have any of that considered income. You can try to have an income imputed to her but it would have to be what she could be earning if she was working. If she is injured or has a medically proven disability that prevents her from working, she would argue that. A judge won’t get into a battle in which you claim she can work and she has proof she can’t.

      Comment


      • #18
        If a settlement pay out portion is for lost wages it does. As for the child tax credit there is case law in Alberta where a Judge did impute that income to the mother for her share of Section 7 expenses. Also says in the federal guidelines income can be imputed if the only income the other party receives is tax free income.

        Comment


        • #19
          http://canlii.ca/t/gpltr

          Case law including child tax in income.

          Comment


          • #20
            If I'm reading this wrong I'm all ears. Not arguing just stating what's been told to me by my lawyer and what I have researched myself. Assuming my ex gets her lost wages by way of a structured settlement or if she took a lump sum...she used to make $30,000 a year, I would assume she got paid out at least $20,000 a year for lost income, as she is claiming she is on disability for the rest of her life.

            Comment


            • #21
              Either way, she has been asked 3x to provide her return. If I didn't have anything to hide I would have no problem disclosing same. So something is up here.

              Comment


              • #22
                Then tell them you arent signing anything until you see the disclosure.

                Your lawyer should not be encouraging a motion for contempt.

                Comment


                • #23
                  No no my lawyer hasn't encouraged me to do that. I was just wondering what my steps were if she does not disclose her income. I won't be signing the consent order until she provides her income tax return. If she doesn't like it then we will have to file my response to her motion (we planned on doing after an agreement was made). My response asks for court to be adjourned to special chambers. This can not be dealt with in morning chambers. Trying to make an agreement outside of court may have been my mistake but at least I made an offer to settle and a proposal to make some changes to the agreement.

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X