Custody dispute. He has a fiance and on his tax return he is not claiming common law and files under a different address

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Customer: Custody dispute. He has a fiance and on his tax return he is not claiming common law and files under a different address then his court papers where he really lives. Would this matter to the judge when calculating support payments?
JA: What steps has the fiancé taken? Has he filed any papers in family court?
Customer: He served me on Friday with court papers
JA: Family law varies by state. What state is he in?
Customer: Saskatchewan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He is in sales and he list his income before tax then subtracts work expenses and rrsp withdrawals to lower his income. Would the judge look at the first number or the after deductions?
Answered by Legal Ease in 2 hours 2 years ago
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Legal Ease, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Legal Ease, Expert

I am sorry to hear of this difficult situation.

It this about child support or spousal support?

Customer
Child support
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Legal Ease, Expert

When a court considers income for child support purposes the court look at the gross annual income. The RRSP contributions do not come into play.

If this does go before the court the court will go by the gross annual income and not the after-tax income but will allow some reasonable business expenses if they are necessary for him to incur to earn the income.

Does that clarify the issue for you?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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