Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Reply
 
Thread Tools
  #1  
Old 11-04-2013, 10:47 AM
pippidee pippidee is offline
Junior Member
 
Join Date: Nov 2011
Posts: 16
pippidee is on a distinguished road
Default Definition of Household Member for undue hardship

Hello,

I have a question. I have a person to whom I am renting my basement. We share the kitchen. They have their own expenses and I have mine. They pay me rent every month, as my renter. The question is: Am I considered a member of their household for the purposes of calculating income for undue hardship? I mean, I am in essence their landlord and I do not share other finances with this person....

Dee
Reply With Quote
  #2  
Old 11-04-2013, 10:54 AM
blinkandimgone's Avatar
blinkandimgone blinkandimgone is offline
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,411
blinkandimgone is a jewel in the roughblinkandimgone is a jewel in the roughblinkandimgone is a jewel in the rough
Default

No, you are not.

Family Law Act - O. Reg. 391/97

Quote:
COMPARISON OF HOUSEHOLD STANDARDS OF LIVING TEST (SUBSECTION 10 (4))
Definitions
1. The definitions in this section apply in this Schedule.
child means,
(a) in cases where the Divorce Act (Canada) applies, a child of the marriage or a child who,
(i) is under the age of majority, or
(ii) is the age of majority or over but is unable, by reason of illness, disability or other cause to obtain the necessaries of life, or
(b) in cases where the Act applies, a child who is a dependant under the Act; (enfant)
household means a parent or spouse and any of the following persons residing with him or her,
(a) any person who has a legal duty to support the parent or spouse or whom the parent or spouse has a legal duty to support,
(b) any person who shares living expenses with the parent or spouse or from whom the parent or spouse otherwise receives an economic benefit as a result of living with that person, if the court considers it reasonable for that person to be considered part of the household, and
(c) any child whom the parent or spouse or the person described in clause (a) or (b) has a legal duty to support; (mnage)
taxable income means the annual taxable income determined using the calculations required to determine Taxable Income in the T1 General form issued by the Canada Revenue Agency. (revenu imposable)
Test
2. The comparison of household standards of living test is as follows:
STEP 1
Establish the annual income of each person in each household by applying the formula
A B C
where
A is the persons income determined under sections 15 to 20 of this Regulation,
B is the federal and provincial taxes payable on the persons taxable income, and
C is the persons source deductions for premiums paid under the Employment Insurance Act and contributions made to the Canada Pension Plan and the Quebec Pension Plan.
Where the information on which to base the income determination is not provided, the court may impute income in the amount it considers appropriate.
Reply With Quote
  #3  
Old 11-04-2013, 11:57 AM
pippidee pippidee is offline
Junior Member
 
Join Date: Nov 2011
Posts: 16
pippidee is on a distinguished road
Default reply

from whom the parent or spouse otherwise receives an economic benefit as a result of living with that person

That is just it. The person DOES receive an economic benefit as a result of living with me. The benefit is that rather than paying rent on a traditional separate dwelling of their own, they save money by being a roomate.

Does anyone have experience with this?
Reply With Quote
  #4  
Old 11-04-2013, 12:01 PM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,973
HammerDad will become famous soon enough
Default

You a landlord and they are your tenant. Your tenant doesn't receive an economic benefit, they pay rent for their accommodations. The fact that it is cheaper due to the nature of the arrangement is irrelevant.

You are not residing together for the purposes of having a romantic relationship.
Reply With Quote
  #5  
Old 11-04-2013, 12:07 PM
dad2bandm dad2bandm is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,907
dad2bandm is on a distinguished road
Default

What made you raise this question?

Is someone really trying to include you (the landlord), as a "household member", in trying to put forth an undue hardship claim? That is bizarre.

Are you really a landlord? Or is this a "landlord" guise, that a lot of common-law couple's try to pull?
Reply With Quote
  #6  
Old 11-04-2013, 01:39 PM
stripes stripes is offline
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

No. You do not share living expenses with that person. And they are not "receiving an economic benefit" from you, you are selling them a service. (the use of your basement suite). It's a contractual exchange of money for services.

The "roommate saving money" argument doesn't fly. It's true that this person is saving money by renting a room from you rather than renting their own place, but it's also true that this person would be saving even more money if s/he lived at a homeless shelter and paid no rent at all. Would everyone else at the homeless shelter then become part of that person's household?

This is a really strange question - why are you asking?
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Protecting new Spouse's Assets TODivorce Financial Issues 5 03-05-2007 01:49 PM
Child Support Hearing Next Week smadax Divorce & Family Law 15 12-02-2006 02:27 PM
The Concept: Standard of living gooddadgoingmad Divorce & Family Law 7 02-20-2006 10:59 PM
Undue Hardship hubby Financial Issues 3 01-26-2006 12:57 PM


All times are GMT -4. The time now is 08:46 PM.