Child Support & Severance

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Child Support & Severance

Postby SingleDad » Tue Jul 03, 2012 11:38 am

Ex-Spouse has recently been taken a severance package, and proceeded to take a job at 1/3rd of previous wages. Now claiming hardship at paying child support, and seeking a reduction moving forward. Doesn't want to include the severance package as part of Line 150 comparison. Also remarried and has a spouse living in home. It is a 50/50 joint custody, with both parties making $150K or more. We compare Line 150s, and come up with a child support based on guidelines.

What is impact of severance and new spouse?
SingleDad
 
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Re: Child Support & Severance

Postby PaulSlan » Fri Jul 06, 2012 9:16 am

You have raised 3 issues:

1) re-marriage is irrelevant to child support obligations

2) if your former spouse in intentionally under-employed, the court may impute additional income to him or her for child support purposes

3) I am not quite sure how to treat the severance . It is replacement income and should be included in l.150, in my view. However, if l.150 for a given year is an aberration, the court may look at income over the past 3 years (see s.17 CSG).
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