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

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  #11  
Old 10-25-2018, 01:18 PM
Lolita123 Lolita123 is offline
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but that should be considered: To determine a specific amount for each special or extraordinary expense, you will need to consider any subsidies, benefits or income tax deductions or credits relating to each expense and your eligibility to claim these amounts.


This was taken from the justice website


This talks about UCCB... which is no longer.. but that used to count for section 7:
You may have deducted the UCCB when you used Worksheet 1 to calculate your annual income. You can do that because the UCCB is not considered as income when you determine a child support amount. But when you calculate special or extraordinary expenses, you need to put back into your income the amount of UCCB received for the child whose expenses you are calculating. Write the amount on this line.
If someone else in your household claimed the UCCB for that child for tax purposes, you should determine that amount and include it on this line.
If you are considering special or extraordinary expenses for more than one child living with you most of the time and for whom you receive the UCCB, add back in all UCCB amounts and enter the total on this line.


Quote:
Originally Posted by rockscan View Post
Nope. You can argue she can use those funds to pay for stuff but they make no difference and are not considered income.
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  #12  
Old 10-25-2018, 01:47 PM
Lolita123 Lolita123 is offline
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Also found this: https://laws-lois.justice.gc.ca/eng/...5/page-20.html


Special or extraordinary expenses
3.1 To calculate income for the purpose of determining an amount under section 7 of these Guidelines, deduct the spousal support paid to the other spouse and, as applicable, make the following adjustment in respect of universal child care benefits:
  • (a) deduct benefits that are included to determine the spouses total income in the T1 General form issued by the Canada Revenue Agency and that are for a child for whom special or extraordinary expenses are not being requested; or
  • (b) include benefits that are not included to determine the spouses total income in the T1 General form issued by the Canada Revenue Agency and that are received by the spouse for a child for whom special or extraordinary expenses are being requested.
But I have to say that so many info out there that is not 100% clear...


Maybe I am not reading this correctly
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  #13  
Old 10-25-2018, 02:22 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Lolita123 View Post
Also found this: https://laws-lois.justice.gc.ca/eng/...5/page-20.html


Special or extraordinary expenses
3.1 To calculate income for the purpose of determining an amount under section 7 of these Guidelines, deduct the spousal support paid to the other spouse and, as applicable, make the following adjustment in respect of universal child care benefits:
  • (a) deduct benefits that are included to determine the spouses total income in the T1 General form issued by the Canada Revenue Agency and that are for a child for whom special or extraordinary expenses are not being requested; or
  • (b) include benefits that are not included to determine the spouses total income in the T1 General form issued by the Canada Revenue Agency and that are received by the spouse for a child for whom special or extraordinary expenses are being requested.
But I have to say that so many info out there that is not 100% clear...


Maybe I am not reading this correctly


The benefits and subsidies relate to tax deductions. Daycare and some sports activities are subject to tax deductions and some people are eligible for subsidies for day care.

For instance, a few years ago there was a tax deduction for sports activities. So that $100 (i think it was between 50-100) would come off the price of the activity before calculating the percentage.

Daycare would be the total price less any subsidy provided less the tax benefit then shared proportionate to income.

Baby bonus is not considered because it is different now and for some not even offered.
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  #14  
Old 10-26-2018, 01:28 AM
mom22girls mom22girls is offline
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If youve hit the point where youre arguing over a $100 tax benefit counting or not, its time to stop and give your head a shake. $100 of income in either direction is only going to have a negligible effect on section seven expenses.

To the OP - my ex and I averaged out incomes over the last three years (including the mat leave year), and then based section seven on a percentage of that average. It was my lawyers suggestion, so Im not sure if theres case law on it or not. It seemed fair to both of us.


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  #15  
Old 10-26-2018, 11:20 AM
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Child benefits are slightly more than $100. Think potentially thousands of dollars a year. Depending on your income level, they could represent a substantial total of your yearly income.
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  #16  
Old 10-26-2018, 12:16 PM
rockscan rockscan is offline
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Its also important to note that you dont have to agree to every s7 expense. If the ex wants to put kids in multiple expensive activities and you disagree you can say no.

And my $100 comment was about tax benefits for sports activities which I think the govt scrapped but it was an example for the subsidies and tax benefits application. I dont consider tax deductions the same as the uccb.
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  #17  
Old 10-29-2018, 09:32 AM
failed@life failed@life is offline
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Quote:
Originally Posted by good_mom View Post
Simple overview

Parent A line 150 is 40k

Parent B line 150 is 35K

Add both together= 75K

Parent A 40k devided by 75k times 100= 53%

Parent B 35k devided by 75K time 100= 74%

This doesn't add up???
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  #18  
Old 11-15-2018, 02:37 PM
Lolita123 Lolita123 is offline
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in my husband's case, his ex receives $1000 In CCB every month plus the CS of $1200 and her salary... she has about $4,800 in disposable income monthly yet, she did not sign up their son into baseball since she feels that $130 fee for the 8 weeks session should be paid 75% by my husband and 25% by her... That is where sometimes things get ridiculous... I understand that CS and CCB is not ALL going to the child directly but I don't get how someone can have that much money for their children and yet not put $130 towards a sports...
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  #19  
Old 11-15-2018, 03:09 PM
rockscan rockscan is offline
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Depending on their incomes and how much her cs is, $130 isnt section 7 either.

My partners ex is like that too. She wants to split a $20 fee meanwhile she makes $100,000 and gets $600 a month in cs.

Your son wont suffer though. Lots of kids cant participate in activities and they do just fine. When he does spend time with dad, make it count and kid will see how things are.
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