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  • Calculating Support Help

    do you subtract spousal support when calculating support for the next year so line 150 minus schedule 3 then do you subtract spousal support to get the income for the next year is this correct thank you

  • #2
    Read the spousal support guidelines to get a better understanding of the formula. Unlike Child Support which is based entirely on your gross income before any deductions, Spousal Support is based off net income. You need to compute the NDI (net disposable income) for each person.

    Your NDI is based on your gross income minus taxes, child support and any other "family expenses" that you continue to cover. This includes things like insurance premiums that benefit your kids or ex spouse, anticipated S7 expenses.

    Your ex spouses NDI is also computed.

    Based on your NDIs there is a percentage amount that should be going towards SS. The guidelines identify a low/median/high percentage which can vary on your situation.

    What you usually want to offer if your spouse is entitlement is to pay the median amount for the minimum time. The minimum time is generally 1/2 the duration of the marriage. When entitlement is proven in court, this is the minimum the judge would order so it's best to offer it yourself.

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    • #3
      Just to be clear, CS always has priority over SS. You pay CS first and whatever money is left is used to compute SS.

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      • #4
        Originally posted by fatherles View Post
        do you subtract spousal support when calculating support for the next year so line 150 minus schedule 3 then do you subtract spousal support to get the income for the next year is this correct thank you
        MySupportCalculator.ca

        Just as accurate as DivorceMate in my opinion.

        Good Luck!
        Tayken

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        • #5
          ok interesting - would that then mean that after the first year, when all the proper ins and outs are taken into account to come up with a valid SS dollar figure..... What I am reading here is on year two the payor can then deduct any SS paid to in essence reduce year two's SS buy reducing the net income by yet another deduction which would be the SS paid in year one? Thus reducing the SS paid out in year 2 by a significant amount? (This is assuming that SS in year 1 was a substantial figure??)

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          • #6
            No, SS is not usually recalculated year by year. It's set once at the beginning and stays the same from there, unless someone makes a motion to change it. Sometimes changes are built in from the start, but it's not dependent on subsequent income variations. You may be confusing it with child support.

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            • #7
              From my understanding SS is based on pre-tax income, and the ONLY amount which is considered for reducing the income number is Child Support if there is dependant children and this is also true for year 1.
              ddol1---therefore SS is not reduced year 2 by a new income number taking into consideration what was paid in SS year 1.

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              • #8
                I believe that SS is determined by net income, not grosse income. To even make the entitlement for SS, the payees income must be less than 40% of the combined net disposable income.

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                • #9
                  Hi HammerDad
                  I am just going to put it out there - from everything I understand -- Entitlement is just that entitlement. How much SS or how long it will be paid is an entirely seperate beast. There is a definate line where amounts are not a factor at all.

                  It Is a simple By the rules contained in the current family law act - was this couple married? how long and I believe if there are children envolved? From there the right to support is determined - Period. Entitlement Yes--No?? If Yes then they move to how long, how much, use the with or without children formula. Incomes can change in a heartbeat (why I am told the 13.1 form is a continually updated document to reflect Current financial status and since this is the case a borderline income level couldn't and shouldn't be a defining factor IMHO on this one......

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                  • #10
                    Originally posted by ddol1 View Post
                    Hi HammerDad
                    I am just going to put it out there - from everything I understand -- Entitlement is just that entitlement. How much SS or how long it will be paid is an entirely seperate beast. There is a definate line where amounts are not a factor at all.

                    It Is a simple By the rules contained in the current family law act - was this couple married? how long and I believe if there are children envolved? From there the right to support is determined - Period. Entitlement Yes--No?? If Yes then they move to how long, how much, use the with or without children formula. Incomes can change in a heartbeat (why I am told the 13.1 form is a continually updated document to reflect Current financial status and since this is the case a borderline income level couldn't and shouldn't be a defining factor IMHO on this one......
                    To quote Justice Quinn in Bruni v Bruni:

                    [158] I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional).

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                    • #11
                      Tayken, I agree MySupportCalculator.ca is the same as Divorce Mate from the numbers my lawyer has given and me and from what I calculated.

                      Hammerdad, SS is based on gross income....

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                      • #12
                        Tayken, I will agree with you - and all we can do is get the best info to the person who will ultimately will be human and since I am not allowed to play with sharp or pointy objects...... at least for now - does anyone have a line on a oujie setup?

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