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

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  #1  
Old 11-23-2017, 06:17 AM
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Default Income calculations for sec 7

Quick question:

Does received child support payments and child tax benefits get calculated into salaries as part of the gross income for the purposes of calculating how much each person pays for sec 7 expenses?
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Old 11-23-2017, 09:12 AM
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No but spousal may be included.
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Old 11-23-2017, 09:40 AM
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So, a stay at home mom with 5 kids getting lots of CS but almost no SS would effectively pay 0% of the section 7 expenses?
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Old 11-23-2017, 09:42 AM
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Quote:
Originally Posted by Janus View Post
So, a stay at home mom with 5 kids getting lots of CS but almost no SS would effectively pay 0% of the section 7 expenses?
No, dad would pay 140% of his income to mom.
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Old 11-23-2017, 09:45 AM
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Quote:
Originally Posted by cashcow4ex View Post
Quick question:

Does received child support payments and child tax benefits get calculated into salaries as part of the gross income for the purposes of calculating how much each person pays for sec 7 expenses?
Unfortunately, they have exempted those payments from income calculations to avoid the upsetting of the moms.

However, you do not have to pay S7 expenses you do not agree to unless a judge orders you to do so. Mom would have to take you to trial and win in order to get that, which could take her over a year to do. Further, for daycare, income tax benefits need to be factored in to reduce your payments.

You could however be entitled to child support and child tax benefits yourself if you can get your kids for at least 40% of the time throughout the year.
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Old 11-23-2017, 09:55 AM
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Originally Posted by tunnelight View Post
You could however be entitled to child support and child tax benefits yourself if you can get your kids for at least 40% of the time throughout the year.

Stop saying this in forums! Even if OP had the kids 40%, they would need to have it recognized by the court to have the cs change and if the ex is on odsp with no income the fight to have it changed is uphill. Shared custody with off set support isnt just a give if one party has the kid an extra few days a year.

If your ex has no income then you should be looking into having one imputed to them for section 7. The odsp and spousal more than likely will be considered income. Further, s7 unless its post secondary or day care dont have to be agreed to and then you dont have to pay. And if the ex is getting daycare then they are working which means income.

Consider what the s7 expense is. Ex doesnt get free reign to enroll in everything. Plus there are subsidies and discounts for low income and then its the net cost of the expense. You can say no.


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Old 02-21-2018, 08:23 PM
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There is case law that does include the Child Tax in the recipients income for the determination of proportions for section 7 expenses.

https://www.canlii.org/en/ab/abqb/do...&resultIndex=1

And they were grossed up!
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Old 02-21-2018, 10:07 PM
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Could line 305 amount for eligible dependent be included into these S7 calculations as well?
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