How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tom B. Your Own Question
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
28667836
Type Your Canada Law Question Here...
Tom B. is online now
A new question is answered every 9 seconds

I have a separation agreement with my x which includes an

Customer Question

I have a separation agreement with my x which includes an averaging of our incomes. Currently we use 'total' incomes rather than 'taxable' incomes. Is there precedent in law as to which should be used
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: this is in Ontario canada
JA: Has anything been filed or reported?
Customer: yes for 7 or 8 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: no - I would like to if there is a record of court decisions on this
Submitted: 3 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 3 months ago.

Hello, thank you for the question.

Can you tell me more about the arrangement here? What is the purpose of averaging incomes?

Customer: replied 3 months ago.
it was simply part of the separation agreement that I signed in all innocence a few years ago and am now questioning
Customer: replied 3 months ago.
the agreement does not specify whether total incomes or taxable incomes are to be used - currently it is total incomes
Expert:  Ulysses101 replied 3 months ago.

Is the averaging of incomes to for each over the past 3 years, say, used for child support or spousal support or extraordinary child expense contribution adjustments? You have to tell me what it's for.

Customer: replied 3 months ago.
strictly spousal support
Expert:  Ulysses101 replied 3 months ago.

And is the income of each of you averaged? Or just one? If so, which one?

Are you the payor or the recipient?

Customer: replied 3 months ago.
we both have incomes - I am the payor
Expert:  Ulysses101 replied 3 months ago.

OK, so the amount of spousal support you pay is determined by the spread of your incomes, each averaged over the past 3 years?