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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 02-03-2020, 12:43 PM
tmsrtl tmsrtl is offline
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Default child & spousal support

spousal support is up for review and I would think and hope spousal will go away or at least be minimized..... (2 kids)

now the issue is that the older kid will go to university this year, away from home most likely

that would mean I only have to pay CS for one child now, but SS would go up

can I not claim to continue paying SS for the older one while she/he is in university , but put the money in her/his hand

and a top help for the tuition she/he needs to pay

wouldn't that still be considered to pay CS for two kids?

happy to pay for the kids, but not to the ex!
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  #2  
Old 02-03-2020, 01:32 PM
rockscan rockscan is offline
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First, you really need to go back and review advice you were given throughout your posts and think about what people have said. I see that Janus gave you some good info on ss and what your chances are.

Second, you need to review other threads and pins (including using the search function) before posting a thread that has been addressed ad nauseam. I wrote a pinned post on post secondary costs that was very clear.

Based on your five years of posts it is obvious you are looking for any way possible to not pay your ex. This is a terrible approach. You should be approaching this as what is in our previous order on changes and what are my obligations to my kids as they age.

You have two issues. Ss and cs. Ss is a lot more complicated than cs and post secondary and that says a lot since post secondary is a devil. You may never get out of paying ss and a judge may simply say you pay her more ss in place of cs. Which is back to your approach. It is not I hate paying her, it is I supported her to get self sufficient and she agreed to this, her issues getting there are not my problem.

As for the kid...if they go away, depending on your income, you may pay a monthly amount in addition to summer support. You WILL pay a portion of their expenses including living expenses. For instance, if you make 100,000 and she makes 25,000 which is mostly ss, you will more than likely be expected to pay summer support based off your income plus a bit more monthly for her to maintain the residence. Your child will also be expected to share the costs depending on the family situation. Those costs would be offset by grants. Example, kid decides to go away to school for a program that is available close to home. They receive say $5000 in grants and work all summer. Kid will likely pay 1/3 the cost to go away with you and mom splitting the rest.

Truly, do a search and read through threads. You will see other cases and information. This site isnít Alexa responding to your demands. It has a wealth of info YOU need to look through.
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  #3  
Old 02-03-2020, 01:43 PM
tmsrtl tmsrtl is offline
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thank you rockscan!
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Old 03-01-2020, 07:30 PM
Part-time-dad Part-time-dad is offline
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Hey, Sorry to jump in on your post I couldnít for the life of me figure out how to start my own. First time posting anything on here, but Iíve been digging around here for a while trying to find information. I couldnít find anything on spousal support and what counts as such. Iíve been separated over a year(living out of the house) and sheís been living in the house with our 3 kids. Iíve been trying to figure out if I could make it work with her after affairs and her being a pathological liar but it was clear she couldnít change. Iíve been paying for absolutely everything as far as mortgage, utilities, property tax, property/her car insurance, Internet, and giving her $600/month on top of all that(about $3200/month) she doesnít work and also collects the child benefit from the gov. My child support According to DRO would be $1600 and everything there after counts towards that spousal support. So my question is can I claim what Iíve been paying for as spousal support on my taxes? Also on a side note i did find on another post that vehicle allowance should not come into play when determining CS as that is required to make the income but the DRO(female) said it had to be and thatís the way it was. Could some please verify this
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Old 03-02-2020, 07:48 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Part-time-dad View Post
Hey, Sorry to jump in on your post I couldnít for the life of me figure out how to start my own. First time posting anything on here, but Iíve been digging around here for a while trying to find information. I couldnít find anything on spousal support and what counts as such. Iíve been separated over a year(living out of the house) and sheís been living in the house with our 3 kids. Iíve been trying to figure out if I could make it work with her after affairs and her being a pathological liar but it was clear she couldnít change. Iíve been paying for absolutely everything as far as mortgage, utilities, property tax, property/her car insurance, Internet, and giving her $600/month on top of all that(about $3200/month) she doesnít work and also collects the child benefit from the gov. My child support According to DRO would be $1600 and everything there after counts towards that spousal support. So my question is can I claim what Iíve been paying for as spousal support on my taxes? Also on a side note i did find on another post that vehicle allowance should not come into play when determining CS as that is required to make the income but the DRO(female) said it had to be and thatís the way it was. Could some please verify this
CRA website is always the best place to start.

https://www.canada.ca/en/revenue-age...ts.html#cndtns
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Old 03-02-2020, 11:37 AM
paris paris is offline
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It has been many years now, but the rules are similar. My husband was paying all the bills for the home that his ex was living in with the kids. He considered that to be spousal. He also gave her cash for table child support. He claimed the spousal on his taxes and CRA disputed it. They disallowed anything that was a bill or mortgage payment he paid. Any amounts that she did not actually see the cash did not count.
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Old 03-03-2020, 07:51 PM
rollingesto rollingesto is offline
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As I recall, in order for spousal to be deductible on your tax return it must be paid pursuant to a court order or written agreement...do you have such an agreement?
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Old 03-03-2020, 09:38 PM
Abba435 Abba435 is offline
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Quote:
Originally Posted by rollingesto View Post
As I recall, in order for spousal to be deductible on your tax return it must be paid pursuant to a court order or written agreement...do you have such an agreement?
Absolutely true
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Old 03-04-2020, 11:13 AM
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Janus Janus is offline
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Quote:
Originally Posted by rollingesto View Post
As I recall, in order for spousal to be deductible on your tax return it must be paid pursuant to a court order or written agreement...do you have such an agreement?
If that was not the rule then people could effectively income split at will.
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  #10  
Old 03-05-2020, 12:16 PM
Part-time-dad Part-time-dad is offline
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So we do have a written agreement that has been witnessed and signed by a witness. It states all the things Iím paying for(mortgage, utilities, condo fees, Internet, insurance and giving her the extra $600 on top) but it doesnít state that i am paying these things as child or spousal just the fact that while we are separated i will continue to pay these things. Would that work
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