Imputing income

F

Futureisbright

New member
My STBX is 39, very capable of working full time in a similar role she previously held making 40-45k per year. She currently is underemployed and working for cash making 16k tax-free for about 15 hours per week working.

Anybody see any reason i shouldn’t be able to impute her to at least min wage $30k in order to calculate set-off CS?

Additionally since we’ve only been together 8 years and I’ll be paying CS to the time of 120-1500 I hope to avoid SS altogether. Thoughts on that?
 
Futureisbright said:
My STBX is 39, very capable of working full time in a similar role she previously held making 40-45k per year. She currently is underemployed and working for cash making 16k tax-free for about 15 hours per week working.

Anybody see any reason i shouldn’t be able to impute her to at least min wage $30k in order to calculate set-off CS?

Additionally since we’ve only been together 8 years and I’ll be paying CS to the time of 120-1500 I hope to avoid SS altogether. Thoughts on that?
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I would go after her if I were you. serve a Request for information (Form 20) for the following:

1. Description of efforts in finding appropriate employment in the last 3 years.
2. Description of her employment activities currently.
3. Bank statements, Credit card statements, and other statements of lines of credit or debt.
4. Statement of expenses.

The pertinent statute law is within the Federal Child Support Guidelines. Section 19. Have a read.

http://laws.justice.gc.ca/eng/regulations/SOR-97-175/page-3.html

If she fails to provide sufficient disclosure, seek an order for it and ask for costs. If she still does not disclose then proceed with a motion to impute citing the lack of disclosure as grounds for an adverse inference in your favor

Good luck.

PND
 
Last edited:
Janus,

She last made the 45k in 2012 before our 2nd child was born. She was offered a layoff while on mat leave with our 2nd which she took. She could have taken a pay cut as she was in a union shop.

She has since ran in-home daycare earning up to 120 per day when she was maxed out on 3 kids in care so that alone is $30k before expenses.

PND,
So far so amicable, she hasn’t asked for a certain $$ figure yet, is waiting for my offer and I’m trying to be fair so as to get it right on the first try. But don’t want to be a chump either of course. I appreciate your insight but I hope we don’t have to go down that road. She has disclosed to me exactly what she made under-the-table for 2017: $12k

Robin
 
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