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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 10-11-2018, 09:36 AM
LifeReview LifeReview is offline
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Default Negotiating Child Support when ex is Self-Employed

Hi everyone,

I'm new to this board and am looking for information on how to calculate/determine the amount used as income when someone is self-employed.

My ex is a consultant and up until earlier this year everything he said he was making was being put into our joint account where all our personal and his business expenses went through.

We have two kids who have been living with me and have not spent any time with their father. He's either busy travelling or he's just to busy for them. The few times the kids did go to spend time with him; he would just leave them home alone and not return until after they are in bed.

He hasn't paid any child support or contributed to any of their expenses at all.

I make approx 80k before tax and when I look at the joint account over the past 3 years I can see he made deposits of 150k, 100k and 120k (2015, 2016 and 2017).

That being said he may have other bank accounts with other deposits coming in. He has not filed any personal or business taxes in 10 years and only recently CRA has begun calling him to do so.


Obviously he will argue his expenses are high and thus profit will be very minimal. But will Child Support be based on his profit? or would it be based on something else?

What resources should I look to for further information?

Thank you
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Old 10-11-2018, 09:43 AM
rockscan rockscan is offline
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Go to canlii.org and search for cases with key words “self employed” and “child support”. Read through the cases to determine what expenses are allowed and what are not.
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Old 10-11-2018, 11:12 AM
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Janus Janus is offline
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First step though is to get him to list his expenses, then you can start figuring out which ones are legitimate and which ones are not. Some expenses might seem high so you will also be asking for proof of those expenses.


A critical point is that CRA and family law do not have the same set of allowable expenses. An expense allowed by CRA might (and frequently is not) allowed when calculating CS.


If he refuses to list expenses, then you go to court and get a high income imputed to him. That usually changes a payor's attitude towards compliance quite quickly. You will probably be going to court to get income imputed to him anyway, so no need to stall. If he somehow complies with a full disclosure, you can end the court process.
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