Sunday, July 18, 2010

Income Section - Elected Split-pension amount

I must apologize for the delay (almost two months) since my last post. So many people need help (mostly men) who are being bankrupted by this corrupt system. I do my best to answer every email I can to help them right this injustice. In addition, I have had to spend time on my own case (the Trial Management Conference is this coming week) I am hoping the judge can finally see reality. I have calculated he has given her between 70-75% of the income. And somehow I am expected to survive? I have no reason to believe any other men are getting any more justice than I am therefore I believe I have a responsibility to share my knowledge to help others.

This is what the Spousal Support Calculator says...

Input the jointly elected split-pension annual amount that a party is receiving from his/her spouse or common law partner's pension income (T1, Line 116; Form T1032, Line E).

Note that the party and his/her spouse or common law partner must have jointly elected to split the pension income and have filed a Form T1032. Further, only one joint election can be made for a tax year, so if both spouses/common law partners have pension income, only one person's pension income (up to 50%) can be split.

Note that the software will automatically deduct this split-pension amount from the party's annual income in the determination of the party's Guidelines Income and child and/or spousal support (CSG, Sch. III, s.14).

According to the CSG, annual income is determined using Line 150 ("Total income") of the T1 General form, adjusted in accordance with Schedule III and ss. 17, 18 and 19 of the CSG. This is commonly referred to as "Guidelines Income".

Note that the SSAG use the same definition of annual income as under the CSG, with some exceptions.

See the help under "Employment Income" regarding Guidelines Income caps under the CSG and ceilings, floors, and floor exceptions under the SSAG.

TIP: There is a built-in conversion feature. See the help under "Employment Income".

My Rebuttal:

The whole basis for the split pension amount is for the couple to pay less tax. For example a 50,000 income on one tax return pays more tax than a 25,000 income each on two returns. You really can't arbitrarily add this for the calculation of child support and spousal support. What the couple is trying to do is ensure taxable income is equally split so they pay less tax. You would have to assess what happened during the relationship with regards to pension and a variety of other factors to determine the correct split. I'm not going to spend too much time on this because it will affect relatively few people and the issues would be extremely complex.

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