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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 05-06-2020, 04:31 PM
LovingDad1234 LovingDad1234 is offline
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Default Support Payments on Moonlighting jobs?

Hypothetical question: If one were to "roll up their sleeves" and burn the candle by moonlighting at McDonald's to help dig themselves out of the hole that their ex left them in (ie: pay legal bills and debts), does the moonlighting job count towards support support payments?

Last edited by LovingDad1234; 05-06-2020 at 04:35 PM.
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Old 05-06-2020, 05:48 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by LovingDad1234 View Post
Hypothetical question: If one were to "roll up their sleeves" and burn the candle by moonlighting at McDonald's to help dig themselves out of the hole that their ex left them in (ie: pay legal bills and debts), does the moonlighting job count towards support support payments?
its income so yes.
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Old 05-06-2020, 06:43 PM
Abba435 Abba435 is offline
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You would need consent. If no consent it is line 150 income.
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Old 05-07-2020, 08:17 AM
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You would need consent.
Consent for what?

Income is income.
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Old 05-07-2020, 08:22 AM
Abba435 Abba435 is offline
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Consent to exclude income to reduce base or to just reduce CS payable
Minutes of Settlement to reflect mutual agreement.
Sounds unlikely if not impossible in this case.
Court would never grant this.

Last edited by Abba435; 05-07-2020 at 08:39 AM.
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Old 05-07-2020, 09:17 AM
rockscan rockscan is offline
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You dont get consent on this type of income. You can only argue for the removal of a one time payment like withdrawing RRSP funds to pay a lawyer or in my husbands case his RRSP rollover when he lost his job.

Income is income and if it gets reported on line 150 its fair game for income calculations. If it doesnt go on your taxes, its not income. Infer what you want from that.
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Old 05-07-2020, 09:18 AM
Abba435 Abba435 is offline
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You can always vary child support on mutual consent.
Unilaterally of course not.
Rare but it happens.
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Old 05-07-2020, 09:30 AM
rockscan rockscan is offline
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You can always vary child support on mutual consent.
Unilaterally of course not.
Rare but it happens.

Not on table support. A judge wont sign off on it and judges have to sign off on consent orders too.
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Old 05-07-2020, 09:54 AM
Abba435 Abba435 is offline
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A judge recommended this very thing in a case conference.
She recommended to reduce child support on consent to reflect direct costs resulting from unconsented actions by my ex.
Before that I thought CS was untouchable too.
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Old 05-07-2020, 10:01 AM
dad2bandm dad2bandm is offline
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Quote:
Originally Posted by LovingDad1234 View Post
...does the moonlighting job count towards support support payments?

What is "support support"?


Did you mean to say child support? Or spousal support?


Child support would just be based on your income, so yes, it would be adjusted for an increase in income. No question there.



I'm not sure spousal support would be as straight-forward. If spousal support, what does your current order/agreement say in regards to this? Usually spousal support is "determined", and if there is no "adjustment" mentioned in the order or agreement, I think it would need to be "revisited". I would not automatically adjust spousal support, unless the order/agreement already specifically called for that.
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