Support Payments on Moonlighting jobs?

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LovingDad1234

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Hypothetical question: If one were to "roll up their sleeves" and burn the candle by moonlighting at McDonald's to help dig themselves out of the hole that their ex left them in (ie: pay legal bills and debts), does the moonlighting job count towards support support payments?
 
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Consent to exclude income to reduce base or to just reduce CS payable
Minutes of Settlement to reflect mutual agreement.
Sounds unlikely if not impossible in this case.
Court would never grant this.
 
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You don’t get consent on this type of income. You can only argue for the removal of a one time payment like withdrawing RRSP funds to pay a lawyer or in my husbands case his RRSP rollover when he lost his job.

Income is income and if it gets reported on line 150 it’s fair game for income calculations. If it doesn’t go on your taxes, it’s not income. Infer what you want from that.
 
A judge recommended this very thing in a case conference.
She recommended to reduce child support on consent to reflect direct costs resulting from unconsented actions by my ex.
Before that I thought CS was untouchable too.
 
LovingDad1234 said:
...does the moonlighting job count towards support support payments?
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What is "support support"?


Did you mean to say child support? Or spousal support?


Child support would just be based on your income, so yes, it would be adjusted for an increase in income. No question there.



I'm not sure spousal support would be as straight-forward. If spousal support, what does your current order/agreement say in regards to this? Usually spousal support is "determined", and if there is no "adjustment" mentioned in the order or agreement, I think it would need to be "revisited". I would not automatically adjust spousal support, unless the order/agreement already specifically called for that.
 
Abba435 said:
A judge recommended this very thing in a case conference.
She recommended to reduce child support on consent to reflect direct costs resulting from unconsented actions by my ex.
Before that I thought CS was untouchable too.
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Thats different. In cases where there are access costs then yes you can agree on consent to reduce it to cover those costs but again you have to have a judge sign off on it.

In OP case extra income is not considered for reduction on consent.
 
On consent (in an agreement) SS can be adjusted annually the same as CS. It is need based so if the recipient starts to make more earlier than expected then it is reasonable (IMHO) to reflect this.

SS entitlement and duration are normally not reviewed annually, usually every 3-5 years depending on the circumstances. There is nothing stopping parties to agree to revise annually.
 
I know parties where no CS is paid on consent and other parties where CS was either increased or reduced on consent. You cannot of course consent to reducing T1 taxable income. But you can absolutely vary child support from table amounts on mutual consent.
 
Caveat. When CS and SS are paid CRA will attribute the table amount to CS and then the balance to SS to disallow parties from making CS deductible to the higher income earner. They removed income splitting a long time ago by making CS non-deductible. If only CS they do not care.
 
Just stumbled upon this thread and its something I have been contemplating but want to make sure I understand correctly.

So my ex makes out like a bandit in our settlement. But atleast I got 50/50 of our kids. That was most important to me. Now I am in the process of rebuilding financially as court was financially crippling. My ex is laughing financially.

If I were to roll up my sleeves and take on extra work in 2021 to make ends meet...I would be on the hook for the extra income when I update my financials in 2022?

So if I make an extra $10,000 by moonlighting in 2021 and quit in December 2021....when I do my taxes in 2022, my earnings will show as higher and that will be reflected in my support payments for 2022, despite me quitting that "extra" job in December 2021? Did I get that right?
 
Brampton33 said:
So if I make an extra $10,000 by moonlighting in 2021 and quit in December 2021....when I do my taxes in 2022, my earnings will show as higher and that will be reflected in my support payments for 2022, despite me quitting that "extra" job in December 2021? Did I get that right?
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Essentially, you paid less support in 2021 than you should have (since it was based on 2020) but you will pay more in 2022 than you should since it will be based on 2021.

On average, this system probably very slightly benefits support payers because income usually increases over time.
 
Brampton 33:

Each party will pay the back child support for that past year.
File your recent paystubs to show current income and pay child support based on that.
Show that this extra job was a moonlighting job and you are not underemployed.

I don't have experience here but it is what I understand to be the right way.
 
No, you cannot do that.

2021: “I’m going to pay based on 2020”
2022: “I’m going to pay based on 2022”

You pick one, you don’t switch around at will. Nobody is stupid enough to not see the game here.
 
Janus said:
No, you cannot do that.

2021: “I’m going to pay based on 2020”
2022: “I’m going to pay based on 2022”

You pick one, you don’t switch around at will. Nobody is stupid enough to not see the game here.
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The time is February 2022:
1) Hey I had an extra job that I no longer have (material change).
2) Here is the back support I owe and I am back to my regular income.

why doesn't that work?

I have an ex who just went from $0 income to $60K income in december; full-time. are you saying monthly child support is based only on their $5K income for 2021 despite earning 60K a year now?
 
Ah, missed the back support part.

Yeah, that would work, but why do that? Just pay CS in 2022 based on the income from 2021. No back support required, you just pay it off over time.
 
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