Based on the below info, what do you think a judge would find to be an acceptable amount to impute upon my ex? (Sorry, another long one)
Ex has a very scattered work history, but has always had an excellent ability to obtain a somewhat good paying job shortly after loosing/quitting his previous ones. He is currently paying CS on a temporary order based off an income of approximately $19,000
Here is the information and FACTS that I have:
1) x3 income tax returns disclosed in Dec 2018 at 1st CC- 2015,16 and 17. Show an annual income of anywhere between $25,000- $30,000. Ex claimed he was unemployed at the CC though (no ROE’s Dr notes etc) hence the low temporary order for CS
2) Shortly after we separated in 2015 he began working for a very large, well known, province-wide company in a somewhat entry level position. This is supported in the “Notes” section on his 2016 tax return (whoever did his taxes listed all the places he had worked that year- he only worked for this company for part of the year) as well as numerous social media posts made from his accounts where he is shown in selfies next to the company branded vehicles, wearing company branded articles of clothing, and on job sites with other employees. The position he was working at there has the starting wage posted on their official website at $27/hour (approximately $51,000 annually- this does not account for any overtime, for which this company is very well known for)
3) I now have in my possession his ROE and letter of resignation from the company he worked for from the middle of 2017 until April 2018. The letter of resignation has a note from the company that while they have indicated on his ROE that he was laid off, he did in fact resign on his own accord. Basing my calculations off this ROE, he would have been making approximately $38,000 a year at this job
-4)I now have in my possession a 2018 summary letter from Employment Insurance. He collected benefits for the maximum allowed coverage time last year (25 weeks) for a total paid out amount of approximately $9,050 (claimed to be unemployed due to lay off, see last point)
5) I have in my possession a signed and sworn affidavit from his employer from April 2018 to September 2018 (where he worked while he was collecting unemployment). The employer indicates in the affidavit that he sub contracted my ex (hence why he wasn’t on payroll and still able to collect EI), that he had to fire him for poor performance and accusations of drug use from customers, and that he paid my ex via e-transfer, never cash, approximately $750-$1000/week. He also claims that my ex would have reasonably collected cash tips anywhere in the range of $200-$350/week (works out to be about anywhere between $50,000-$70,000 annually if you include tips)
Other points of interest:
- At the end of last year, my ex started a business doing the same line of work as he was in the last point. He admitted this at our CC. He drives around a recently purchased vehicle with the company branding all over it. His business’ social media account has numerous reviews which mention him by name and thank him for his work, and have pictures of him performing the work
- I have in my possession a Dr note for my ex. The Dr indicates that he had seen my ex at the end of 2018, and that he had severe sleep apnea at that time. He writes that he “suggested” that my ex restrict his highway driving. He then mentions that he saw him again just over a month later and that his sleep apnea had improved enough that he felt comfortable with my ex driving regularly again
- I received $0 in CS from mid 2017 until end of 2018 (18 months- he voluntarily paid approximately $350/month previous to this)I filed for CS in January 2018
- I have received CS From Jan 2019-present at an amount based off of $19,000 annual income
- I was at one point willing to cut a very good deal with the ex to just be over with this. But his continued claim of being unemployed, along with the above discovered info, have me of the opinion that I should go after a proper impute and arrears.
- I now have ZERO doubt in my mind that Every. Single. Financial. Issue to come along in our daughter’s life will be a fight for me. He has most recently refused to contribute to summer/after school care expenses. I do not want to go back to court every year. I want to do this right the first time.
- Now that access/custody is settled in a final order and he no longer has to look good for a judge, he has gone back to cancelling his parenting time whenever he feels like it
Any input would be appreciated as always!
Ex has a very scattered work history, but has always had an excellent ability to obtain a somewhat good paying job shortly after loosing/quitting his previous ones. He is currently paying CS on a temporary order based off an income of approximately $19,000
Here is the information and FACTS that I have:
1) x3 income tax returns disclosed in Dec 2018 at 1st CC- 2015,16 and 17. Show an annual income of anywhere between $25,000- $30,000. Ex claimed he was unemployed at the CC though (no ROE’s Dr notes etc) hence the low temporary order for CS
2) Shortly after we separated in 2015 he began working for a very large, well known, province-wide company in a somewhat entry level position. This is supported in the “Notes” section on his 2016 tax return (whoever did his taxes listed all the places he had worked that year- he only worked for this company for part of the year) as well as numerous social media posts made from his accounts where he is shown in selfies next to the company branded vehicles, wearing company branded articles of clothing, and on job sites with other employees. The position he was working at there has the starting wage posted on their official website at $27/hour (approximately $51,000 annually- this does not account for any overtime, for which this company is very well known for)
3) I now have in my possession his ROE and letter of resignation from the company he worked for from the middle of 2017 until April 2018. The letter of resignation has a note from the company that while they have indicated on his ROE that he was laid off, he did in fact resign on his own accord. Basing my calculations off this ROE, he would have been making approximately $38,000 a year at this job
-4)I now have in my possession a 2018 summary letter from Employment Insurance. He collected benefits for the maximum allowed coverage time last year (25 weeks) for a total paid out amount of approximately $9,050 (claimed to be unemployed due to lay off, see last point)
5) I have in my possession a signed and sworn affidavit from his employer from April 2018 to September 2018 (where he worked while he was collecting unemployment). The employer indicates in the affidavit that he sub contracted my ex (hence why he wasn’t on payroll and still able to collect EI), that he had to fire him for poor performance and accusations of drug use from customers, and that he paid my ex via e-transfer, never cash, approximately $750-$1000/week. He also claims that my ex would have reasonably collected cash tips anywhere in the range of $200-$350/week (works out to be about anywhere between $50,000-$70,000 annually if you include tips)
Other points of interest:
- At the end of last year, my ex started a business doing the same line of work as he was in the last point. He admitted this at our CC. He drives around a recently purchased vehicle with the company branding all over it. His business’ social media account has numerous reviews which mention him by name and thank him for his work, and have pictures of him performing the work
- I have in my possession a Dr note for my ex. The Dr indicates that he had seen my ex at the end of 2018, and that he had severe sleep apnea at that time. He writes that he “suggested” that my ex restrict his highway driving. He then mentions that he saw him again just over a month later and that his sleep apnea had improved enough that he felt comfortable with my ex driving regularly again
- I received $0 in CS from mid 2017 until end of 2018 (18 months- he voluntarily paid approximately $350/month previous to this)I filed for CS in January 2018
- I have received CS From Jan 2019-present at an amount based off of $19,000 annual income
- I was at one point willing to cut a very good deal with the ex to just be over with this. But his continued claim of being unemployed, along with the above discovered info, have me of the opinion that I should go after a proper impute and arrears.
- I now have ZERO doubt in my mind that Every. Single. Financial. Issue to come along in our daughter’s life will be a fight for me. He has most recently refused to contribute to summer/after school care expenses. I do not want to go back to court every year. I want to do this right the first time.
- Now that access/custody is settled in a final order and he no longer has to look good for a judge, he has gone back to cancelling his parenting time whenever he feels like it
Any input would be appreciated as always!
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