Income question

T

Tired_Dad

New member
I received my divorce via an uncontested trial (ex wouldn't acknowledge anything) and now she's coming after me for spousal support. My question is this... would all the money I've given her via e-transfer (names child support) count as income? Should it not be declared as non-taxable income? If so, can this be used on top of her current income? This would bring her a lot closer to my income. Thanks in advance for any feedback :)
 
Child support is not income. The only time that it is looked at WITH income is for section 7 decisions (to the best of my knowledge).

Your ex will need to show entitlement especially if you had already settled your divorce. The judge will ask what has prompted her to do this now especially if she had independent legal advice the first time when she reached an agreement, what has changed and what she is doing about the change.
 
Isn't spousal support with child support different than spousal support without child support?
 
I believe it is and you are correct. Because she was found in default, didn't file a response, didn't respond to anything, she wasn't given spousal support at the uncontested hearing. She's now coming after me, after all was done in court, to get me to agree and give her a lump sum buyout. My lawyer isn't a very strong litigator (based on what I'm seeing right now) and of course I find this out after spending around $18k with him. Because of all the stunts my ex has pulled on me thus far, I'm actually WANTING to go to court. I've talked with a lot of other legal professionals and some are saying to fight it (except for my own lawyer). My question was if the child support I've paid gets added to her income, even if it's not taxable. Apparently it doesn't. Don't get me wrong... I have no problem paying child support, but I do have a MAJOR problem paying spousal support. Thank you all!
 
She would need to answer to why she didn’t respond to the original filing. Im a little surprised since there are kids and you would have had to agree on everything. Most agreements on custody etc also outline final agreements on everything.

I agree to fight it. Unless there is a very good reason why she needs spousal (like she has suffered a debilitating illness/injury and can no longer work) then she is barking up the wrong tree.
 
Janus is correct that the amount of spousal support changes when you add/remove child support.

Based on that, and the fact that

1 - banks include both CS and SS when calculating income for loans, mortgages etc (as long as you provide proof of ongoing receipt),

2 - OSAP includes it as income in determining household income,

3 - CRA requires the receiver to include on tax return (even if it is non-taxable)
...definitely a valid argument.

Why is she asking for it if her income is balanced with yours already with CS?
 
My children are older and almost done high school, so this may be why the judge didn’t push anything more. At the time, my relationship with my kids were starting to turn around. Now that I’m fighting, they’re passed at me. They’ve been included in far more then they should have. My ex is making great leaps and strides towards self sufficiency, but she’s greedy. Shortly, she will be moving away (far) and in with her boyfriend. This is why she’s coming after me for SS... and turning my girls against me. It’s easier when everyone is pissed at me. Our income still has a discrepancy, but with the child support it’s lower (and almost nothing). I’m ready to fight and go to court. If she wants to go to court, and her appeal is successful I would assume she would have to pay my wasted legal fees... which is around $18k! I’d actually love a judge to see what she’s done and maybe even talk to my youngest child. Maybe something better would happen, instead of dealing with these damn lawyers.
 
You would need to make an offer and if your win is better than your offer then she pays your legal fees from the date of the offer. She would not pay your previous fees so don’t get too excited.

If CS is ending and shes planning on moving (and in with someone), her chances of SS are slim. She was getting cs for the kids. It wasn’t her income. The kids are gone and her expenses are less. Shes self sufficient and if not, someone else’s problem it would seem.

As for your kids...other than telling them to butt out theres nothing you can do and I believe I covered that in another thread of yours.

Leave your emotions out of this. Is she entitled? No? Then fight. If yes then make an offer and go forward.
 
I understand about the entitlement factor. I'm not 100% clear as to how they figure this out. My ex did stay home with the children, but then decided to stay home and relax for a number of years (while I kept asking for her to educate herself, work, etc...). I finally came to a point where I begged her to find a job. She did and has been working there for over 6-7 years. She worked part-time during the marriage (in the evenings), so I would take care of the family when I came home from work. My belief (correct me if I'm wrong) is that she's been working for a number of years, hasn't needed SS for over a couple of years and we are officially divorced. I'm thinking that a judge will look at my debt load, what I've sacrificed and the need for finality and deny the request. I'm hoping I'm right, but my lawyer constantly states that the courts are biased against men!
 
Has she filed something?

I would recommend you go onto canlii and do a search of spousal support decisions especially those in your jurisdiction.

If she has filed something, look at what she says is her reasoning for seeking it now.

Don’t go by what the kids might be saying or what she is threatening and definitely don’t go by conjecture. From what you have said these are the facts:

1. She agreed to no ss in the original file.
2. She took limited time off during the marriage but is now working.
3. She has skills and experience to earn X$.
4. She is planning to move in with a new partner (this may not be fact though, if you have proof then its fact).

Overall she sounds like she is self sufficient. This is simply her way of riling you up and getting the kids going on their anger towards you. If she is capable of supporting herself then (in my humble opinion) she should not need spousal.
 
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