Long story short...I was successful in my application to the courts and discovered that my ex spouse was underpaying child support for the last 10 years...as a matter of fact contrary to common practice his conduct was deemed blameworthy by the judge and all arrears calculated from 2003 to 2009. Family enforcement was able to collect a 6 digit amount of arrears but now the question...I am now forwarding an application to the Court for cost, it is my opinion that I was successful, and in consideration of the fact that despite this amount was collected in 2010 the original separation agreement with standard clauses for child support based on payor's income was settled in 2001. The ruling judge did not vary the terms of the separation agreement so it is my position that interest on arrears should be ordered starting 2001. I am looking for info on his matter or more in particular court cases where this matter was discussed...I tried Can LII database but I can not find any case that deals with a separation agreement and related arrears.
Also in consideration of the fact that part of the arrears were related to Spousal Support should I add this to my taxable income this year or any idea on how to reduce this amount.
Looking for input...Thank you
Also in consideration of the fact that part of the arrears were related to Spousal Support should I add this to my taxable income this year or any idea on how to reduce this amount.
Looking for input...Thank you
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