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Old 04-05-2020, 11:44 AM
Tbaga Tbaga is offline
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Default Cashed out earned vacation time

Must cashed out earned vacation leave be included in annual income for child and spousal support purposes?

I have never cashes out any earned vacation time in the past, but considering doing so in near future to cover separation/divorce costs. I have added a clause in separation agreement to exclude extra income from cashed out vacation time for the purpose of detrmining child and spousal support.

There is no law or rules that oblige me to share my earned vacation with my ex during or after marriage, it is only logical to that my ex cannot share the monetary value of the earned vacation, as well. This is my logic.

I do not see this as similar to overtime issue.

I would appreciate forum members feedback, in case my ex's lawyer does not accept the suggested exclusion clause in the agreement. Thank you.
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Old 04-05-2020, 01:43 PM
rockscan rockscan is offline
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If you are currently in the process of putting together an agreement and cashing out the time then put forward that that is not included for support purposes. Your income is what you earn for support.

In the future, take the vacation time as time not money if only for your own sanity. You will pay take on it if paid out and the tax is not worth it.

I speak from experience when I lost six weeks of vacation time that wasn’t paid out due to my refusal to give up working and take vacation. Looking back I would have enjoyed that time to myself! It can simply be that you take a Monday or Friday off here and there.
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