Retroactive vs Ongoing Child Support

G

gmcode

New member
Hi all,

Please bear with me for a moment, just want to make it clear how it works.

If there is no existing order or agreement, when a court orders a retroactive, prospective child support or both, the court always looks at the payers current income, is this correct? While arrears are something have been ordered and need to pay regardless of payers income, am I right?

Thanks
 
gmcode said:
Hi all,

Please bear with me for a moment, just want to make it clear how it works.

If there is no existing order or agreement, when a court orders a retroactive, prospective child support or both, the court always looks at the payers current income, is this correct? While arrears are something have been ordered and need to pay regardless of payers income, is it I right?

Thanks
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A court would normally order up to three years retroactive support based on the income of each of the years.
 
Thanks rockscan, is my above statement correct?

BTW. I heard the law changed last year, it might go all the way back to beginning, and the custodial parent even doesn't need to have a notice of request for CS?
 
If known they would prefer to use your income at the time.

So if there are arrears for 2018, they’ll use your 2018 income.
 
gmcode said:
They won't order support based on asset, property, etc?
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Not normally but they could impute your income if you say you had none but bought a house or car for a lot of money. Or if you got a mortgage the other side could ask for bank records to see if you had income.
 
If you can prove you had it then no. If you reported income to secure a mortgage then you will have an income imputed.
 
what if sold the house? can the money(sitting in the bank) from the residential property sale be ordered to pay CS? thanks!
 
If you have no income but sold a house and that money sits in the bank they will look at two things: 1) any interest that money makes
2) capital gains made from the sale of the house
Both those things can be considered as income for cs or ss purposes
 
Interest is only considered if it’s investment income. Like if you take out funds from a TFSA or RRSP. And it has to be significant. For instance my husband and I get about $75 a year from our investments as it is reinvested. His amounts were not included in his income for cs the one year it was looked at.

I believe capital gains are paid on the sale of a second or investment property. I looked into this for my in-laws selling their cottage. If it’s your primary residence then CG are not applied.

You really need a lawyer for your case especially if you are worried about your savings being considered for cs and a lump sum payment. Your ex does not get to dictate how cs is paid and she can’t make threats on not getting a lump sum payment. If you are jumpy about every little thing, a lawyer can give you good advice and keep you calm. Even if you go for a one hour appointment to hear that advice.
 
she is threatening me on lump sum, she said if I did not pay lump sum, she will claim retro, property and so on. Can I use her threatening email to against her at court?
 
No you can’t use the email but she also can’t threaten you with stuff.

She is entitled to retro BUT she may have to outline what took her so long to claim it. She can’t go back more than 3 years from her first request so at most you may have to back those three years.

She can’t go after your property. She may be thinking she’s entitled to half your property but she isn’t. This isn’t an equalization thing. This just involves child support.

As previously stated in another thread, calculate what you should have paid for the last three years and offer that amount and a monthly cs amount based on your current income. PUT THAT MONEY INTO A BANK ACCOUNT. Add in each month the amount of cs.

You tell her that you are not comfortable paying out a lump sum and know you are legally obligated to pay three years retroactive and a monthly amount going forward and provide her with that offered amount.

THEN YOU IGNORE HER. She wants this money she can file a motion which you would respond to. Within your response you will explain that you paid a lump sum and she refused you access to the child. That she resurfaced this year and began demanding a lump sum payment. You calculate you owe her xyz in arrears and abc monthly going forward.

A judge will tell her what she is and isn’t entitled to. Once you make the offer you don’t have to respond to her until she files in court. This is harassment and isn’t good for your mental health.
 
Disability doesn't mean zero income. Just like last time you went on LTD, you'll still receive most of your pay; not if you quit. As a parent, you have an obligation to support your kids.

A lawyer is needed to review your previous lump sum agreement, but I would listen to kinso. You'll be assigned a reasonable income, if zero or low, for each year since separation. Hopefully you'll get credit for your lump sum and pay a new monthly amount moving forward.

Your assets don't mean much. It's the reasonable income you'll be imputed and pay accordingly. Go on LTD again if needed, but definitely don't quit.
 
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