Support Payment Question (Recalculation)

[Janus]

I am thinking of applying for a recalculation of child support but I fear I might have to pay my ex.

Yeah, I think if this goes anywhere near a judge you have a real chance to end up paying child support.

The house is definitely excluded, that's a dead end.

Best case scenario in court would be that he is imputed 67k, your rental income is offset by expenses, and you split any government benefits.

Worst case is that a judge accepts his 35k, your deductions against rental expenses are disallowed by the judge, and you still split the government benefits.

Is your current situation that much worse than the best case scenario?

[THatley]

Yeah, I think if this goes anywhere near a judge you have a real chance to end up paying child support.

He is already imputed $67,000 in our agreement although he lives a much higher lifestyle than of a person who makes $67,000.

The situation is not great he pays me $250 and I spend a week of every month debating what he owes me meanwhile I make my bills barely but I don’t have much leftover for anything else. I put all the girls expenses on my credit card and hope he will pay me half.

[StillPaying]

In our agreement we stated that we both get the child tax benefit for one child

What did this agreement say about support?

but we made a private agreement that he would give me his half

Was his half of CTB's agreed to in lieu of support?

I am thinking of applying for a recalculation of child support but I fear I might have to pay my ex.

As of now, it sounds like he is following the agreement. You will have a hard fight right away trying to change this. Which can probably be done, but as you suspect, maybe not in your favour.

Does it matter that his father gave him advance on his inheritance and created a scenario where my ex only has to work minimally to meet his financial obligations?

He agreed to be imputed at double his pay, most likely because of his business. You could try asking for more due to lifestyle, but highly unlikely. Just as you're looking to change support, he could change his imputed amount.

Without all the details, this is where you're being warned that it could go bad for you; his income going down, yours up, no more ctb, you paying support and more s7...

Speak to a lawyer before you do anything.

Is this house considered excluded property?

Did you live in it?