Spousal support calculation

[yellman]

I keep getting into this debate.

We are currently doing a proposal to the other side.

My lawyer tells me we have to use my 2014 income for child and spousal support calculations. My friends tell me to use the date of separation income. This is two years old. My income has changed by 20% Since then.

Who is right?

 

[Straittohell]

You should technically be using your 2013 notice of assessment, but if there has been a drastic change, it is better to use 2014, especially if that is what it is likely to be going forward.

 

[Rioe]

For CS, you use your most recent income. This is easy for salaried people - it's on their pay stub so they just refer to their most recent one. For people with more variable hours and income or self-employed people, it's accepted to use the average of the last three years' income based on line 150 of their tax returns, sometimes with some expenses removed. This gives you an estimated income to use to determine what CS should start at. Then every year after tax time, you use the previous year's line 150 to adjust CS to follow changes in income.

SS is way more tricky and variable. Plus, it's not automatic like CS as your ex still has to prove any entitlement. Even if entitled, your ex is no longer helping you earn your income, so it could be appropriate to use your income as of the date of separation and never change it. SS is not usually adjusted annually with changes in income either.

So your lawyer and your friend are both right, you see.