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Disability and Child Support

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Anonymous Asked:

I was divorced in 2010 and have been paying child support based on line 150 of my tax return. In 2015, I was on long term disability (LTD) for 9 months. Since LTD benefit is not taxable, it will not be included in my line 150 income. How do I determine the appropriate amount of child support to pay?

Expert Comment:

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I first need to know whether there is a signed Separation Agreement or Court Order in place with respect to you paying child support.

On the assumption that there is no Separation Agreement or Court Order, and that the child support issue is being addressed “fresh,” then there are different ways to determine the appropriate amount of income. You could look at the current income, the income for the previous year, or even average the income over three years. There is no way for me to comment upon what would be exactly applicable to you without first speaking with you and obtaining specific details from you with respect to your case.

The analysis is different if there is a Separation Agreement or Court Order. However, in those circumstances I would need to read the Separation Agreement or Court Order in order to provide you with proper guidance.

Either way, you are welcome to telephone me at 905-451-3222 for a free consultation and, once I have the necessary facts, I can provide you with guidance that is specific to your case.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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