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  • Connundrum...need help/advice

    Hello,

    My lawyer has asked me to sort through the mess of financial info that I have to come to some value for the CS that my ex will have to pay me for the past 2 years which has yet to be paid. (There is no order for CS yet) It is clear that CS was to start on January 1 2006 and my calculation is to include up to Dec 31st 2007 (i.e. 2 years of CS)

    Problem is on date of separation my ex voluntarily took a one year leave of absence from her job, effectively reducing her income for two tax years.

    Rounded incomes for ex.
    2005 - 45,000
    2006 - 30,000
    2007 - 57,000

    What ex's income should have been without taking leave of absence. (school teacher)
    2005 - 48,000
    2006 - 52,000
    2007 - 57,000

    My income rounded.

    2005 - 20,000
    2006 - 20,000
    2007 - 20,000

    We have one child, and will be attending a 4 way settlement conference to seek resolution on this issue and others next week.

    How do I come to a number to cover the past 24 months that is still unpaid and a number for the continuation of payments?

    Help please, this is so confusing...

    Thanks
    Duped

  • #2
    Duped,

    Why not use the last 3 years average for every year. This is often used when ones income fluctuates from year to year.

    See the Ontario child support guidlines:

    http://www.e-laws.gov.on.ca/html/reg...s_970391_e.htm



    For instance;

    For 2007 - take 2006, 2005 and 2004 to determine average income;
    For 2006 - take 2005, 2004 and 2003 to determine average income;
    For 2005 - take 2004, 2003 and 2002 to determine average income.


    lv
    Last edited by logicalvelocity; 11-01-2007, 11:01 PM.

    Comment


    • #3
      Thanks LV

      I should add that my ex's income for 2002/2003 was $0.00

      as my ex was a student living on my income.

      We also share custody and as such my ex would be paying the offset amount.

      Thanks
      Duped

      Comment


      • #4
        Originally posted by logicalvelocity
        Duped,

        Why not use the last 3 years average for every year. This is often used when ones income fluctuates from year to year.

        See the Ontario child support guidlines:

        http://www.e-laws.gov.on.ca/html/reg...s_970391_e.htm



        For instance;

        For 2007 - take 2006, 2005 and 2004 to determine average income;
        For 2006 - take 2005, 2004 and 2003 to determine average income;
        For 2005 - take 2004, 2003 and 2002 to determine average income.


        lv
        I believe the three year average is generally used when income would fluctuate due to one's normal work or business efforts, like for example a sales exec who gets a major part of his/her pay from commisions which could vary greatly.
        However in the case mentioned here the person voluntarily decided to work less and earn less income. This is a different scenario. From my understanding, it would be proper for your lawyer to impute income for those periods of time based on the normal expected income levels that the person was reasonably capable of earning.
        Once a person is in a CS position, they can't just decide to work/earn less. They have a legal obligation to maintain the support level unless there is "a material change of circumstance". Deciding to take a year off does not qualify as "a material change of circumstance" IMHO.

        Comment


        • #5
          because you are the lower wage earner there is no offset amount.......for 2005 - 45,000
          2006 - 30,000
          2007 - 57,000

          take the table amounts for each year for that income.........why would you need rounded amounts........if he owes for example 6789.52$ in support he owes that amount not 6789$ or 6700$.....your lawyer knows that and just what are you paying him for then.......thats his job to figure that stuff out not you.....if you were self represented then its your job to figure it out......

          Comment


          • #6
            try this link to get the table amounts for those years http://canada.justice.gc.ca/en/ps/sup/grl/pdftab.htm

            Comment

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