what income should my cs be based on?

[momof 3C's]

Another question for this ongoing mediation. My husband is currently on WSIB for a neck injury since Nov 2008. He and his doctors plan on him returning to work fulltime in about 2-3 months. My husband has told the mediator his income is 1600/month, no proof given. He has made the last 3 years between 65000 and 74000 as a mechanic. Should I wait on the agreement until he is back to work or let it be based on this figure he has not proven? I thought they would take his last 3 yrs and make it on the average. We return to the mediator on the 22nd of September. Any advice. I don't want the cs set on $44000 when he will go back and make more. I don't believe the 1600/mth because in the last month he has bought a new laptop,printer and SLR camera. While I struggle to feed three children and pay the household bills.

 

[billm]

Why don't you make an agreement that is adjusted every year (forward) based on the previous years tax return? This way he pays what he should (albeit a year behind but it all works out in the end). As for the initial CS income, let him set an amount, but make a retroactive adjustment for CS to what it should have been if he was wrong when he files tax return for this year and receives his notice of assement. The he pays you a lump sum (or you him), for the error, and then use that tax return for the following year etc. Then just automatically adjust in July every year (for future payments, not retro though) when he gets his NOA.

This means that he pays CS based on what he really makes and subsequently there should be no arguing of unfairness.

 

[standing on the sidelines]

just remember one big thing. Just because he made that before his injury doesn't mean he will make it now. He could re-injure himself and never be able to do the same work again.

I like billms idea. Seems fair to all