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  • #16
    Originally posted by rockscan View Post
    The financial statement/budget is aimed at demonstrating your ability to pay support and/or arrears. The true amount of support is based on your income. If you are a shareholder in a company or sole owner of a company that claims expenses, they will do some looking at the income and expenses claimed. Your ex may have an accountant look at your finances as well to be sure.

    If you want this settled fast I recommend you take a look at your income and make a reasonable offer for support based on either a median income or higher amount and be done with it. By arguing over ways to avoid paying support on an income that is difficult to determine, you end up raising your legal costs and extending the issue.


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    I went back and re-read your posts. I assumed you were the shareholder not your ex.

    For you I recommend having an accountant look over his books and then decide what you want to accept.


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    • #17
      Originally posted by rockscan View Post
      I went back and re-read your posts. I assumed you were the shareholder not your ex.

      For you I recommend having an accountant look over his books and then decide what you want to accept.


      Sent from my iPhone using Tapatalk
      Well, the good part is my mother had her career at Revenue Canada.. her focus was small business/audits/training public on proper books etc... We have been at this with my Ex since 2019 as he incorporated in 2017 (was self employed/sole proprietor for years and years before)

      The budget is the first time he has admitted/documented more then a NOA of $11,902 or the dividend he claimed in 2019. While I know if I went to trial, with the cases I have for citing, the Income Tax Act infractions, personal expenses recognized and documented, all his ledgers, shareholder loan accounts etc.. I know where I could end up - but how long that takes.. is another story.

      The budget he submitted has his income where I truly wished him to be IF that amount is grossed up... it shows no deductions as they are trying to base it off the 45,000 dividend he finally had to take from the corporation. Finally, something irrefutable. However, the budget he submitted has him spending MORE then the dividend... and with that grossed up has me in a target range for what I think is fair, rather then busting his bank and taking all I can. (I know, I'm the applicant and still trying to be fair and civil.. go figure)

      Which is why, I'm asking, if that amount that shows at the end of PART 2 monthly expenses and yearly expenses... would be grossed up if I accepted that? (as it is way over the 45000 he took out as a dividend...) If there is a faster way to settle this, I'm all over it as I am self represented, and he is not. When I read this, I thought.. hA! I can end this and still end in my target range and save him some lawyer fees. *odd I know... *

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      • #18
        When we put together my husband’s financial statement we asked the lawyer a lot of questions about it because I contribute a lot to the household. The lawyer said that when there are claims about income, hardship and inability to pay, they look at the financial statement and budget. If your ex is claiming one thing as his income and then showing he is paying much more than what he says he earns, you can then question it based on his financial statement. Im not sure how you question it in a conference (hopefully someone with more experience than me can jump in) but you should definitely point out the discrepancy in his income claims and his financial statement/expenses. If he claims he is only making $45,000 a year but his “living” expenses are $100,000 and he has no debt, that is a red flag on what he may be drawing from the company and something that should be pointed out.

        Basically, to answer your question, no I dont think they “gross up” an amount on a financial statement but you should definitely use it as evidence that he has sworn more income than he claimed previously.

        My previous statement about making a reasonable offer still stands though!


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