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  • CS, Pension Adjustment, limit income to 150k

    STBX and I have a great relationship. Questions re CS

    He makes over 150K and has a DB pension plan that results in a large Pension Adjustment each year (Public Sector Executive). The employer share of the DB plan is not included in his T4. PA limits RRSP to a small amount. He contributes 12k to the plan and his PA is about 20k.

    1)This is bit of a stretch, but should there be some income imputted for the economic benefit received as being part of the DB plan? My employer has no such plan and we are using my T4 amounts as my income. So, my amounts include my retirement savings - his do not. I suggested imputting 8K (net of the 2 #s) - to which he said this violated the spirit of the FCSG. PS: those who know about the government DB plans know that this is VERY conservative estimate of the value associated with the employer contributions.

    2) he is arguing that there is a clause that allows income above 150k to not be counted for CS purposes. Can he do this. When would this be applicable?

  • #2
    Originally posted by LotusLand47 View Post
    ...
    2) he is arguing that there is a clause that allows income above 150k to not be counted for CS purposes. Can he do this. When would this be applicable?
    Tell him to show you the clause.

    I think he is confused - the tables explicitly go up to 150K, for income above 150K, the CS guidelines simply state a formula rather than show the exact calculated amount. He has to pay CS on all his income, not just that below 150K.

    Comment


    • #3
      from CanLII - Federal Child Support Guidelines, SOR/97-175

      Incomes over $150,000
      4. Where the income of the spouse against whom a child support order is sought is over $150,000, the amount of a child support order is
      (a) the amount determined under section 3; or
      (b) if the court considers that amount to be inappropriate,
      (i) in respect of the first $150,000 of the spouse’s income, the amount set out in the applicable table for the number of children under the age of majority to whom the order relates;
      (ii) in respect of the balance of the spouse’s income, the amount that the court considers appropriate, having regard to the condition, means, needs and other circumstances of the children who are entitled to support and the financial ability of each spouse to contribute to the support of the children; and
      (iii) the amount, if any, determined under section 7.

      Comment


      • #4
        Federal Child Support Amounts: Simplified Tables Ontario, over $150000

        Federal Child Support Amounts: Simplified Tables

        Comment


        • #5
          Thanks everyone,
          I forgot to add, the CS for 2) would relate to a kid in university. His lawyer said that the calculation would be different than for a minor.

          Comment

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