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Analysis of Child Support Situation:

Heading: Situation Overview and Background Information

I have been diligently paying child support for my two teenagers, totaling $800 a month, for the past eight years. As a part-time worker, I earn a gross annual income of $60,000, resulting in a net monthly salary of $3,200. Due to substantial deductions from my public sector job, the actual sum I take home is significantly lower than my gross income.

Heading: Legal Dispute and Court Involvement

Now, my ex-wife is taking me to court with the intention of increasing the child support payments she receives from me. She argues that I am “underemployed” and may attempt to have my income “imputed” by the court in order to establish a higher child support amount. Although I could potentially earn $90,000 annually by working full-time, I have purposely chosen a less stressful schedule of three days per week, which yields a more manageable income of $60,000.

AI Legalese Decoder can help analyze the legal terms used in the court proceedings, such as “underemployed” and “imputed income,” to provide valuable insights into how they may impact the outcome of the case.

Heading: Concerns and Questions About Future Child Support Obligations

I am concerned about the possibility of the court ruling in favor of my ex-wife and forcing me to pay child support based on an income of $90,000, resulting in nearly $1,400 per month. This would constitute a significant portion of my current net income, making it difficult for me to maintain my financial stability. While I am committed to meeting my child support responsibilities, I want to ensure that the court considers my actual earnings of $60,000 when determining the appropriate support amount.

AI Legalese Decoder can provide guidance on presenting evidence to support your argument for retaining the current child support amount based on your current income. By identifying relevant legal precedents and factors that influence child support calculations, the AI tool can assist in formulating a compelling case to defend your financial position in court.

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9 Comments

  • FrostingSuper9941

    Both of the above answers are incorrect. Your ex can 100% go after you for being underemployed, 30k worth of income would increase her child support entitlement substantially.

    Child support at 60k for 2 kids in BC should be $931 a month, so you’re underpaying by is $131. At 90k you should be paying $1388. Huge difference isn’t it? You share of extra curricular activities, medical expenses, post secondary and extraordinary expenses not covered by child support would increase as well. Your net pay of 60k vs. 90k would also mean a higher tax bracket and since child support is not tax deductible you’d have way net income.

    You will lose in court and end up paying your wife’s legal fees unless there’s more to the story. Parents can’t just decide to work part time if capable of full-time employment.

    Did you collect STD and LTD before your employer, the government, allowed you to switch to part-time?

  • FrostingSuper9941

    The OP is deliberately underemployed while working for the federal government. The deductions he mentions are likely voluntary pension credits for his own future benefit because everyone pays the same amount of taxes and CPP and EI deductions.

    Income will be imputed income in court unless he has medical evidence his part-time employment is medically necessary.

    The OP chooses to work 3 days a week. Why not get a 2nd job for the other two days in a different field since he feels his federal job is too stressful? If he’s free a total of four days a week, why not volunteer to adjust the kids’ custody schedule and take them off the mom’s hands for an extra day per week.

    All you have to do is run the numbers. Child support amount at 60k vs 90k and the corresponding taxes. Working part-time leaves the OP with more income vs. earning his previous 90K salary.

    When did OP decide full time work is too stressful? I bet it was when he started paying child support.

  • Generallybadadvice

    Ask a lawyer. Sounds like she’s gonna file for this regardless so either way you’re gonna want one. Reading the federal guidelines, I think she might have a case. I’m curious what the precedent is.

  • darthmastermind

    I don’t feel like I gave the best advice before.

    If there is no reason for you not to work between 32 and 40 hours per week and your job is offering you those hours there is a chance your ex could win.

    If you have been working those hours for 8 years your ex would need evidence that you could have been working more hours.

    If you had a doctor sign off that it is not good for your mental health to work past your current hours that will help.

    But if your ex is bringing this to court you have no choice but to get a lawyer.

    There are child support guidelines in BC that are normally followed but that is in clear cut cases. For example is you were struggling to live and your ex was making 1 mill a year they might reduce your payments.

    If you never visit your kids vs having them over every weekend that can also possible change a verdict.

    So If your EX takes you to court get a lawyer.

  • MountainWorking5454

    Consult a lawyer, it seems like you’re going to need one anyway if she’s taking you to court. May be worthwhile to see a therapist too to create some professional opinion as to why you work 3days/week due to stress. Itd be worth it to make the case that your mental health and work/life balance matter too.

  • muscularmusician

    It was my understanding that child support payments are based on the income claimed on your tax return.. .. not on what you could potentially make. Your reasons for working the amount you do shouldn’t come into play.. .. like if you did work more and got burnt out from the stress and had to change careers altogether, would the court then take responsibility for that ? .. for forcing you to work more .. and the consequences of that on your mental health .. ? I doubt that.