Value of Long Term Disability and CPP
- Thread starter yahoo
- Start date
stress can cause many illnesses. ofcourse i ignored myself while i looked after him 24/7 and the kids. took his abuse for many many years and this took a toll on me. I totally did not look after myself.
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arabian
New member
Some people say the same thing about cancer as well as many other chronic medical problems. I don't believe this poster is asking for anyone's opinion on her medical condition.
He gets benefits from his car insurance that pays for his care from his injury case. He hires people to do his work. my kids are old enough to look after themselves so thats why its not a problem for him. he did collect benfits since his accident and i am only sharing what i know.
he gets a lot of money that cannot be included as income. he is living quite well.
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See here for a discussion, including references to key cases, on whether disability benefit payments are considered included vs excluded property for the purposes of equalization. From my own very quick read, it is not clear one way or another, and there are many arguments specific to each situation - I recommend you read carefully.
http://www.pension.ca/Disability%20Benefits%20&%20FL.pdf
One note caught my eye: one deciding factor on determing the proportional split of benefits is
"The fact that one spouse has incurred a disproportionately larger amount of debts or other liabilities than the other spouse for the support of the family; "
The auto insurance accident payout is a 3rd source of disability income? (in addition to CPP,LTD plan thru work)
http://www.pension.ca/Disability%20Benefits%20&%20FL.pdf
One note caught my eye: one deciding factor on determing the proportional split of benefits is
"The fact that one spouse has incurred a disproportionately larger amount of debts or other liabilities than the other spouse for the support of the family; "
The auto insurance accident payout is a 3rd source of disability income? (in addition to CPP,LTD plan thru work)
Oh thankyou! I appreciate all your help.
yes he gets LTD from work insurance. CPP disability benefits. and then he has income replacement benefits through car insurance from his injury claim.
in addition he gets other accident benefits for over 2500 a month that are from his car insurance inujry claim. Apparently I cannot touch them for income purposes. In total he makes well over 6000
yes he gets LTD from work insurance. CPP disability benefits. and then he has income replacement benefits through car insurance from his injury claim.
in addition he gets other accident benefits for over 2500 a month that are from his car insurance inujry claim. Apparently I cannot touch them for income purposes. In total he makes well over 6000
CPPD and LTD are income replacement benefits your ex receives due to the fact that he is permanently disabled and unable to return to work. You are not entitled to any of those, other than the fact that those would now be considered his income for support purposes.
Although CPPD didn't start until years after the accident, they backdate the start date up to 3 years. Similar to Ontario Works, CPPD is deducted dollar for dollar from LTD. His monthly payments now are his income and that is what he is paying you CS based on. Once a settlement occurs, he would have to properly invest the settlement and the gains earned from that would then become his income for support purposes moving forward. Any settlement for the Personal Care costs would continue to be exempt. If there is a tort claim, only then you may be entitled to a certain part of that settlement.
You said he is being paid over $2500/month for attendant care/housekeeping which does not count as income. This is true, as it is not his income. The insurance company would have met with both of you at the beginning to determine what his needs are (ie what you have to do for him) and therefore how much benefits he should receive. Now that you no longer do those services, the insurance company would have had to met with the new service providers to ensure the work is being done.
Although you claim you have no education and never worked, the reality is that you worked for 5 years as an attendant care provider, making a pretty good wage at over $30k per year tax free (around $40k gross). Therefore, you have great experience for your resume that would help get you another job no problem as someone else's service provider, working at an old age home, housekeeping, etc.
Blaming your ex for your osteoporosis seems illogical. However, people with that and other worse diseases are still able to work. If it is your claim that you can not work, then you need to be on CPPD yourself. Without that, court will imputed an income of most likely the $40k you have been making for the past 5 years, so that you can help support your kids as well.
A bad marriage followed by the divorce process is a stressful and depressing experience for everyone. It's time to get your life back in order, take care of your health, and become independent again. Trying to take away (half, all, or even a little) of a disabled persons only possible revenue source for life, apart from the cs, is wrong. He's only receiving $3500/month so it's not like he's living large. You both have been making approximately the same income for the past 5 years.
The marriage is over. IMO, it's time to find a new revenue source.
Good luck!
Although CPPD didn't start until years after the accident, they backdate the start date up to 3 years. Similar to Ontario Works, CPPD is deducted dollar for dollar from LTD. His monthly payments now are his income and that is what he is paying you CS based on. Once a settlement occurs, he would have to properly invest the settlement and the gains earned from that would then become his income for support purposes moving forward. Any settlement for the Personal Care costs would continue to be exempt. If there is a tort claim, only then you may be entitled to a certain part of that settlement.
You said he is being paid over $2500/month for attendant care/housekeeping which does not count as income. This is true, as it is not his income. The insurance company would have met with both of you at the beginning to determine what his needs are (ie what you have to do for him) and therefore how much benefits he should receive. Now that you no longer do those services, the insurance company would have had to met with the new service providers to ensure the work is being done.
Although you claim you have no education and never worked, the reality is that you worked for 5 years as an attendant care provider, making a pretty good wage at over $30k per year tax free (around $40k gross). Therefore, you have great experience for your resume that would help get you another job no problem as someone else's service provider, working at an old age home, housekeeping, etc.
Blaming your ex for your osteoporosis seems illogical. However, people with that and other worse diseases are still able to work. If it is your claim that you can not work, then you need to be on CPPD yourself. Without that, court will imputed an income of most likely the $40k you have been making for the past 5 years, so that you can help support your kids as well.
A bad marriage followed by the divorce process is a stressful and depressing experience for everyone. It's time to get your life back in order, take care of your health, and become independent again. Trying to take away (half, all, or even a little) of a disabled persons only possible revenue source for life, apart from the cs, is wrong. He's only receiving $3500/month so it's not like he's living large. You both have been making approximately the same income for the past 5 years.
The marriage is over. IMO, it's time to find a new revenue source.
Good luck!
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arabian
New member
The way I see it, and I could of course be wrong, is that income reported on line 150 is indeed income (regardless of the source) and would be used to calculate support.
It would be interesting to know if your ex pays more now for attendant care than when you were employed by him/insurance company? Again, using tax and/or payroll records.
It would be interesting to know if your ex pays more now for attendant care than when you were employed by him/insurance company? Again, using tax and/or payroll records.
I was just about to post this. lol. It does seem very case-by-case. It's not clear-cut.
All disability payments, apart from CCPD, is tax free income. It has to be grossed up to calculate support income.
This would include the attendant care payments the OP received.
That could work out, although she may not want the income to count towards her support obligations.
Agreed. However, parents have an obligation to support their kids. They either need to find a reasonable job or prove why they can't work and apply for disability. In this case, the financial disclosure is used to determine how much income to impute, not whether income should be imputed.
arabian
New member
full financial disclosure is used for a variety of items including determination of and calculation for imputing of income .... how else would judge determine the numbers? You can't pick and choose and use information only when it suits you unfortunately. People have to put their cards on the table and go from there. Withholding information doesn't do anyone any good. All it does is stall proceedings and judges are quite well aware that withholding financial disclosure is a tactic used by many, particularly those who have the majority of the money. I'd be asking for financial penalty for each and every day financial disclosure is not made. (I have done this myself).