Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #11  
Old 06-12-2018, 03:13 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,388
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by cashcow4ex View Post
Correct, for tax dependent reasons I insisted that we each pay the full child support owing as she has one child and I have the other. I have been paying my full table amounts forever, however there was an overage payed to her by me from October 2017 to Feb 2018 as I didn't understand how to properly calculate offsetting support as this was new as of October 2017. I calculated it that I take what I would pay her for both kids, and minus it from what she would pay me for both kids. It wasn't until the end of February 2018 that a member on here informed me that its the same calculation except we only use 1 child.


She on the other hand has been paying me full table amounts on her net income which in most cases is 30% or more lower than minimum wage. The line 150 the Gov't website states to use for self employed is their full business income minus business deductions. As mentioned, last year she made $47,000 but is paying child support based on $18,000 which is her net income.


Well if money is exchanging hands both ways then if you stop paying her she will stop paying you so really you are no further ahead. I honestly wouldnt even expect that overpayment back but thats just me...


Sent from my iPhone using Tapatalk
Reply With Quote
  #12  
Old 06-12-2018, 03:19 PM
cashcow4ex's Avatar
cashcow4ex cashcow4ex is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 312
cashcow4ex is on a distinguished road
Default

Quote:
Originally Posted by Berner_Faith View Post
Well if money is exchanging hands both ways then if you stop paying her she will stop paying you so really you are no further ahead. I honestly wouldnt even expect that overpayment back but thats just me...


Sent from my iPhone using Tapatalk



My child support payment is over $1400 a month. I get from her under $160 a month.
Reply With Quote
  #13  
Old 06-18-2018, 03:50 PM
anonymous anonymous is offline
Member
 
Join Date: Jul 2016
Posts: 32
anonymous is on a distinguished road
Default

Quote:
Originally Posted by Janus View Post
There is relatively little case law for CS in shared parenting.


That said, your situation is entirely different. Piggybank knows what he has to pay, and is looking to not pay because it helps his situation. The case law is almost uniform on that, and it isn't goodl


In an offset CS arrangement, you need both incomes to determine payment amounts. If you don't know other income, then you cannot make a determination of payment. In your case, I would send a message to ex:


"Since you have not provided any income information yet, I will temporarily assume that your income is exactly equal to mine, resulting in a setoff CS level of zero dollars. I am willing to retroactively adjust this for 6 months."

You are not refusing to pay, you are just assuming information since ex has not provided it, and then you are paying the appropriate amount.
I am piggy-backing on to this thread as you partially answered my question, but I want to know what the repercussions are. My ex refuses to produce her 2017 financials after I gave her mine. My income fluctuates and for 2017 is was substantially less than 2016 (but still higher than hers).

We have shared custody so her income factors into the new child support payments. I told her that I couldn't adjust it without her information, so i did not make the June payment. She has said that she is now going to file with FRO to enforce payment.

Any advise?
Reply With Quote
  #14  
Old 06-18-2018, 05:36 PM
motherbear4 motherbear4 is offline
Member
 
Join Date: Apr 2012
Location: Ottawa
Posts: 45
motherbear4 is on a distinguished road
Default

Not providing the June child support was a stupid move, IMHO. I understand she is withholding, which could bite her in the future, but you should have provided the usual June amount. I would attempt to pay her right away and bank the difference every month until disclosure is received. If your support went down, keep paying at the current rate (while attempting to get disclosure) and let her deal with possible arrears. My ex has never voluntarily provided his income information and I mean never. What a waste of money on lawyers. But it bit him this year as he did not disclose a significant raise. Our lawyers are currently each figuring out the total arrears owed. I will never understand why people won't provide their income information; they never "win."
Reply With Quote
  #15  
Old 06-18-2018, 06:04 PM
kate331 kate331 is offline
Senior Member
 
Join Date: Sep 2017
Posts: 651
kate331 is on a distinguished road
Default

Quote:
Originally Posted by anonymous View Post
We have shared custody so her income factors into the new child support payments. I told her that I couldn't adjust it without her information, so i did not make the June payment. She has said that she is now going to file with FRO to enforce payment.

Any advise?
Definitely file with FRO, that's what they are there for. Let them figure it out.
Reply With Quote
  #16  
Old 06-18-2018, 06:21 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,388
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by kate331 View Post
Definitely file with FRO, that's what they are there for. Let them figure it out.


Bit does FRO do annual adjustments or only enforce whats in the order?

You should pay something for June... estimate her income and pay that amount... if it should be more she will provide disclosure... but not paying is not a good move but I certainly wouldnt be paying the old amount if your income went down because you will never get it back.


Sent from my iPhone using Tapatalk
Reply With Quote
  #17  
Old 06-18-2018, 06:45 PM
anonymous anonymous is offline
Member
 
Join Date: Jul 2016
Posts: 32
anonymous is on a distinguished road
Default

So if I estimate that she received a 3% increase over last year, and use my 2017 income as I have disclosed, then monthly off-set support would be $575 (down from $1,140). That's why she's pissed.

Even if I pay that, according to FRO, I am not paying the correct amount.

Leads me to my next question. Would it not be a simple 14B form to ask the court to compel her to produce the T4 and Notice of Assessment?
Reply With Quote
  #18  
Old 06-18-2018, 07:51 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,388
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by anonymous View Post
So if I estimate that she received a 3% increase over last year, and use my 2017 income as I have disclosed, then monthly off-set support would be $575 (down from $1,140). That's why she's pissed.



Even if I pay that, according to FRO, I am not paying the correct amount.



Leads me to my next question. Would it not be a simple 14B form to ask the court to compel her to produce the T4 and Notice of Assessment?


So this begs the question why your income was so much less... thats a huge drop in income... my husbands income fluctuates since he is commission based but only by a few thousand which doesnt create that drastic of a difference.

I was actually thinking of this the other day... for people who work trades or for OPG... some years there is mega overtime and other years there is no overtime and possibly a few weeks lay off... how do jobs like that factor in?


Sent from my iPhone using Tapatalk
Reply With Quote
  #19  
Old 06-18-2018, 08:36 PM
anonymous anonymous is offline
Member
 
Join Date: Jul 2016
Posts: 32
anonymous is on a distinguished road
Default

I received an $80k bonus in the previous year. My base salary only changed by the typical 3%. I already told her in April 2017 in a letter to her lawyer that is was not going to be repeated.
Reply With Quote
  #20  
Old 06-19-2018, 07:40 AM
anonymous anonymous is offline
Member
 
Join Date: Jul 2016
Posts: 32
anonymous is on a distinguished road
Default

Quote:
Originally Posted by kate331 View Post
Definitely file with FRO, that's what they are there for. Let them figure it out.
@Kate - Will FRO compel her to produce her financials and adjust based on the new information? Or do I have to go through my lawyer to get it adjusted?
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Who is responsible for Child Support momof3 Divorce & Family Law 16 05-12-2011 11:20 AM
Notional Grossed Up Child Support Amount? Gary M Financial Issues 12 01-06-2011 06:23 PM
Spousal Equivalent for CRA Cobourg Divorce & Family Law 21 01-14-2010 08:43 AM
Will I be Paying Spousal Support? North of You Financial Issues 5 10-21-2009 03:05 AM
Interjurisdictional Nightmare smadax Divorce & Family Law 8 01-29-2007 05:15 PM


All times are GMT -4. The time now is 01:23 AM.