Hi there, Divorced in 2019 and I have a question regarding Spousal Support as income. I actually called the CRA to ask this same question and, amazingly, they did not have a clue what I was talking about! I could not get an answer from them! When I filed my 2019 taxes, I learned that my spousal support is considered income - that's okay. But when spousal support is re-visited soon (to determine the NEW amount of spousal support), which AMOUNT will I be bringing forward from my Notice Of Assessment? The AMOUNT that is then compared with my ex's 2019 income, to determine the amount of spousal support. Line 1500 (Total Income) includes work income AND my spousal support. HOW, then, is a new spousal support amount determined? I am assuming that the new spousal support amount will NOT be based on income that includes BOTH my work income and spousal support from 2019!! Does that make sense? Any insight would be so greatly appreciated!!
Question About Spousal Support As Income!!
- Thread starter Emily333
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This is not an answer to your question but the ss amount being revisited has nothing to do with taxes and little to do with income.
In your agreement/order the review date was put in to review your ability to get a job. Your marriage was probably short and the likelihood of you being able to work was a factor.
For instance, in a marriage that was short (say ten years) involving a spouse who needed retraining or assistance to become self sufficient may have had a five year review period for the recipient to get training/education/experience to get to a level of self sufficiency. In this case ss may have been $2000 per month but would then step down to say $1000 or less.
In your case your ss would probably be reviewed based on how self sufficient you have become and how much longer you need support. These details could be found in your original court case.
If you want to keep your amount you will have to demonstrate why you are entitled to it. That would include any roadblocks to being able to get to a self sufficient point.
In your agreement/order the review date was put in to review your ability to get a job. Your marriage was probably short and the likelihood of you being able to work was a factor.
For instance, in a marriage that was short (say ten years) involving a spouse who needed retraining or assistance to become self sufficient may have had a five year review period for the recipient to get training/education/experience to get to a level of self sufficiency. In this case ss may have been $2000 per month but would then step down to say $1000 or less.
In your case your ss would probably be reviewed based on how self sufficient you have become and how much longer you need support. These details could be found in your original court case.
If you want to keep your amount you will have to demonstrate why you are entitled to it. That would include any roadblocks to being able to get to a self sufficient point.
My marriage lasted over 15 years and my ex is also paying child support. The issue currently is not whether or not I am entitled to support. My ex made less money last year and has asked that the amount of spousal support be revisited. My lawyer directed me (once again) to the online "support calculator," in order to come up with a new figure for child and spousal support. (The calculator was correct in determining the current supports amounts down to the dollar.) The question is, what amount of income do I put into the calculator?? Surely not the amount of income that contains spousal support, as well?? I do not understand why I cannot get an answer to this question! It's mind-boggling! Ladies on this forum, PLEASE TELL ME: HOW DO YOU RE-DETERMINE A NEW SUPPORT AMOUNT BASED ON A TOTAL OF INCOME THAT INCLUDES SPOUSAL SUPPORT??!!
You are correct that when using the calculators, you do not include the amount of spousal you received in the previous year as part of your income. You would use your income (not including the spousal) and his income (without deducting any spousal). Input your numbers as if you were starting from scratch and support was neither received nor paid.
You will probably need a lawyer to help as they have software that calculates ss when cs is involved. Child support calculations are straightforward and easy to figure out when income changes. Spousal is a little more complicated.
If you have ss outlined in your agreement and there is no review but his income has gone down for cs purposes, you could agree to reduce cs but keep ss as is. For instance if your agreement says table support for cs and $250 per month ss. The agreement could combine them but still delineate what amount is spousal. If so you would recalculate cs but keep the $250 ss.
He is entitled to seek a change to cs according to the child support guidelines, ss is different.
You are not getting answers because ss doesn’t have online calculators that are legit. Those are found in legal software and subject to individual cases.
If you have ss outlined in your agreement and there is no review but his income has gone down for cs purposes, you could agree to reduce cs but keep ss as is. For instance if your agreement says table support for cs and $250 per month ss. The agreement could combine them but still delineate what amount is spousal. If so you would recalculate cs but keep the $250 ss.
He is entitled to seek a change to cs according to the child support guidelines, ss is different.
You are not getting answers because ss doesn’t have online calculators that are legit. Those are found in legal software and subject to individual cases.
Janus
New member
I have an answer, but I am not a lady. Alas.
I was going to make a clever comment about that statement but yours is much better.
OP: there are very few ladies on this forum who get ss. I think there might only be one and hers is unique.
correct
If you can get agreement to use MySupportCalculator it is cheap. Not identical for SS as DivorceMate but hassle free and online.
Janus
New member
Speaking of which I haven't seen her much lately. Hopefully things are going well. When it came to corporate stuff she was a fountain of knowledge.
Janus
New member
That we don't claim to be ladies when we are not?
C'mon, your appeal to ladies was kinda funny, you have to admit it. Your attack on rockscan now is even funnier since, of course, she isn't a man.
Your correct response in this case was: "Haha, you're right, there was no reason to be blatantly sexist in my post. I would of course be interested from hearing from anybody who understands the situation". Then we would be friends and ride off into the sunset together, or whatever it was that friends did in pre-COVID times.
Too bad. And you're right! I am the only lady on here receiving spousal support! Yup! Man, you're smart.
If you search, lots of women here receive spousal support. I don't think we have any systematic discrimination on this forum against a legitimate spousal support entitlement. You were not even asking about entitlement, just the math.
@Janus & @rockscan Sadly, your comments do a very good job of reinforcing what I was told about many of the men on here. Too bad. And you're right! I am the only lady on here receiving spousal support! Yup! Man, you're smart.
I receive spousal support. I am a lady.
You need to look into the definition of feminist. Screwing men over is nowhere in there. You are not a feminist nor are you my sister.
I went out, got an excellent education, worked my ass off to end up in a really great job and now am self sufficient due to my education experience and skills. I make double what my husband makes and live a pretty awesome life. All because my mother, who gave up her career for my father, told all her daughters to work hard and take care of themselves and NEVER depend on a man for support.
P.S. thats not an answer to your issue. That’s a statement if fact.
I responded to what you said to me, and you have a real problem for being called out, I see. I don't care how you live or what your mother gave up. Your initial response to my issue showed that you are not a feminist. End of story. For you to accuse me of the same, with no evidence, is unfounded and ridiculous. I asked you to stop posting on my question. Why don't you find some other women on here to browbeat and leave me alone? You're a jerk, and that's putting it nicely. And you can't be doing that well in life if you need this forum.
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