Case Law - SS with Offset CS

SS is often reduced when CS is being paid. They are not completely separate.

In theory, CS is paid first, and then SS is determined after CS. In an offset situation, you would need to know both incomes, and therefore need to know SS to calculate CS.

My gut feeling is that SS is calculated first here, but I don't have any case law to back me up at all.
 
From my understanding once the schedule is determined (say 50/50 access) and SS is awarded a judge would plug the incomes into a divorce mate calculator and it would determine offset CS amounts based on income and the range of SS (low, mid, high). It would also spit out the NDI calculation based on the SS amount.

The judge would then decide the amount of SS based on NDI being balanced.
 
That is my understanding as well from my case.
Once the offset cs amount is determined, INDI's are calculated to determine how much ss can be paid to balance out the incomes.
 
Not always. My partner paid SS to his ex (until it came to an end last year) and also pays offset CS. His and his ex's offset was calculated based on their line 150s (where CS does not show up). His SS was calculated through negotiations between him and his ex's lawyer to arrive at a sum they could both live with. The two calculations were completely separate and neither influenced the other.
 
stripes said:
Not always. My partner paid SS to his ex (until it came to an end last year) and also pays offset CS. His and his ex's offset was calculated based on their line 150s (where CS does not show up). His SS was calculated through negotiations between him and his ex's lawyer to arrive at a sum they could both live with. The two calculations were completely separate and neither influenced the other.
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Yes you can do that if you negotiate it, but would a judge award offset CS and lower SS not according to the guidelines?

I can't seem to find any case law to back this up.
 
At my trial, income was imputed on my ex and we switched to offset. This lowered my child support quite a bit however, once INDI's were accounted for, I had more to give and spousal support went up leaving me in about the same position.

SS is really up to the judge on determining the amount, with a line usually saying "it was made in consideration of SSAG". My judge was also adamant about not awarding lump sum when ss is based on needs.
 
OntarioDaddy said:
At my trial, income was imputed on my ex and we switched to offset. This lowered my child support quite a bit however, once INDI's were accounted for, I had more to give and spousal support went up leaving me in about the same position.
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But, you shifted the money from after-tax payment to a taxable benefit. So, in the end after you file your income taxes and SS is considered you are probably ahead still.

Sorry you have to pay support to an adult who supposedly lives in an "equal" society. Equality has a funny definition in family law...
 
I understand what you're saying but I really have no issue with spousal support. While society may have it flowing one way more than the other, it really is gender neutral.

It would have been nice though to learn at the beginning of marriage different scenarios which would warrant it, so that proper educated decisions could be made throughout while accepting the consequences.

I sure would have preferred a lump sum and done, especially since both parties were open to it, instead of a review date... just to go through it all again.
 
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