I am writing to you from Manitoba Canada. My husband left me…

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I am writing to you from Manitoba Canada. My husband left me…

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I am writing to you from Manitoba Canada. My husband left me and my daughter on November 2nd 2013. I have all of our tax forms and would like to know how to figure out how much I am entitled to. I don't know how to figure out child support or spousal support. I have our daughter most of the time. She sleeps at his place once a week. Sometimes she visits him for awhile after school if she has a game after school and doesn't have time to come all the way home. This probably happens once a week.

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1/14/2014

Family Lawyer: Law.Hut, Lawyer replied 5 years ago

Law.Hut, Lawyer

Category: Canada Family Law

Satisfied Customers: 7,846

Experience: with over 15 years experience.

Verified

Can you tell me your income and your spouses income?

Customer reply replied 5 years ago

Hi, I will include info from tax forms including line numbers the info came from

Him:

2012

162-71,172.01

150-65,406.35

260-63,099.66

2011

162-79,766.77

150-74,840.70

260-72,623.10

2010

162-96,953.953.80

150-91,850.15

260-89,687.00

2009

162-91,564.77

150-86,854.42

260-84,735.82

Me

2112

164-33,112.86

150-29,427.62

260-27,886.27

2011

164-42,804.76

150-40,541.91

260-38,248.33

2010

164-44,284.00

150-41,002.22

260-38,220.85

2009

164-33,156.90

150-31,679.17

260-29,430.21

I have more years too if you want. I also don't know how long one gets child support or spousal support.

Customer reply replied 5 years ago

mysupportcalculator only allows me to put in one year of income. I provided you with info so you could calculate for me. As you can see the income changes from year to year. If you aren't going to do the calculation...at least for child support then tell me how to do it myself when his income varies from year to year. As you can see we don't have the same income so saying "if we have the same income then $600.00" doesn't apply.

Family Lawyer: Law.Hut, Lawyer replied 5 years ago

If his income fluctuates up and down then a court can use a three year average of his income, and would plug that number into the guidelines, using that average as the current income.

I did not do calculations for each of the past years of income as a court will not do so either but will base the support on the most recent or current income.

Law.Hut, Lawyer

Category: Canada Family Law

Satisfied Customers: 7,846

Experience: with over 15 years experience.

Verified

Law.Hut and 87 other Canada Family Law Specialists are ready to help you

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Customer reply replied 5 years ago

Hi,

If my ex has to pay me child support and spousal support based on our incomes then can the amount of child support or spousal support he has to pay me change based on income changes that occur after we break up.

Thanks

Customer reply replied 5 years ago

Hi,

Does everything apply the same way for a common law relationship? I believe it does.

What does "Transport" mean in this situation?

Is child support based solely on his income? Our kid lives with me six days a week. If it is then it doesn't matter how much money I make and it means that I would be entitled to more if he made more in the future. Is this accurate?

Both of us are (and were) self employed and worked from home. I worked part time. He doesn't know how to drive so I did all the shopping and drove our kid to every activity. I also did the cleaning. He cooked. He claims that I didn't need to be at home for our daughter because he worked from home so could pick her up when she was sick or whatever. This makes me believe I'm not really eligible for spousal support. He feels I chose to work part time but could have chosen to work more. I'm working more now. I wonder if I"m even entitled?

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Family Lawyer: Law.Hut, Lawyer replied 5 years ago · Answer 1

There are guidelines in place with respect to child support. If you both have approximately the same income now has 2012, he would be required to pay you $600 per month approximately in child support. The child support guidelines are law and are binding on the court.

The court will always look at current income in trying to assess the amount of child support payable. If you proceeded to court your spouse would be required to turn over his 2013 income tax return and current paystub. Child support will be based on his income only.

He can also be ordered to pay towards additional expenses, of extraordinary activities, extraordinary school expenses, or medical and dental costs. Those are divided in proportion to your incomes.

Child-support will be payable until the child his age 18, and perhaps beyond that age if the child is not financially self-sufficient because of disability or attendance in school.

The amount of child support can be varied each year if there are changes in income.

There are no fixed guidelines in place for spousal support. It is up to the two of you to negotiate, and feeling that a judge has discretion as to whether to order support, the amount, and the duration. There are guidelines in place, but these are not binding on court two. These are called the spousal support advisory guidelines. Those indicate that you would be entitled to some support from a range of zero dollars,to $557 per month. So the range of possible support goes from nothing to an amount almost equal to child-support. I Court would be allowed to ignore these guidelines and order a different amount of support if it saw that as fair. The court will again base decisions on spousal support on the current income.

You can access a calculator for these guidelines at a free site called mysupportcalculator.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.

Family Lawyer: Law.Hut, Lawyer replied 5 years ago · Answer 2

With child support, yes. Transport can always be reviewed if there's a significant change in income. He can be required to turn over his income information annually so you can verify if there has been any such change.

With spousal support, it is not as clear-cut. It is possible that a court can take into account increases in income, but the court is not obligated to do so. It would depend on why income has increased, and your own circumstances. The court could conclude that the increasing income is not connected to the marriage words break down and not order an increase in support as a result.

Family Lawyer: Law.Hut, Lawyer replied 5 years ago · Answer 3

Sorry, auto correct. That should read "child support".

Yes, while you have primary care of the child support is based only on the payor's income.

You could still have a claim for spousal support possibly. This is not automatic. But if you were out of the work force or part time for large parts of the relationship the you could be entitled.

I am writing to you from Manitoba Canada. My husband left me…

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