child support/per diems?

[spool up time]

wondering if anyone knows if your per diems are included as your income when child support is being calculated.

[BEFAN5]

16. Subject to sections 17 to 20, a spouse’s annual income is determined using the sources of income set out under the heading “Total income” in the T1 General form issued by the Canada Revenue Agency and is adjusted in accordance with Schedule III.


See: http://lois-laws.justice.gc.ca/eng/regu ... index.html

[spool up time]

So..... Looks like perdiems are NOT used in determining "total income"?

[TG]

No, it is not!
As well as it is not taxable.

[Turd Ferguson]

You're right. Per diems are not to be considered when calculating child support payments no matter what your ex and her lawyer tell you.

[North Shore]

Unless, of course, you are in your first few years at Jazz, in which case, as any junior F/O will tell you, they bump your salary up by $700/month!

[trey kule]

What????? Jazz new hires get their salaries doubled because of per diems!

boy, that is going to cause a huge new influx of resumes...

[LousyFisherman]

Child support is determined by provincial law not federal. Expenses and per diems MAY be included.
It all depends on what the separation agreement or judge says.

Consult your lawyer

And yes, I have been there, done that, and been left without enough money to buy the t-shirt.

HTH
LT

[slowstream]

Child support is determined by provincial law not federal. Expenses and per diems MAY be included.
It all depends on what the separation agreement or judge says.

Consult your lawyer

And yes, I have been there, done that, and been left without enough money to buy the t-shirt.

HTH
LT

Lousyfisherman is right, contact a lawyer,

Its not taxable therefore its should not be considered but in todays world it all depends on the lawyers the judge, the day of the week and how you hold your tongue (lol) but not funny and sadly all to true.

Good luck

[ogc]

Consult a lawyer obviously.

But technically per diems are not income, so there should be no reason at all to disclose it.

[TG]

Perdiems are NOT income!
Don't know how the f@ck many times I have to tell this.
If some of you had this factored into your child or spouse support, you just deserved to be left alone and screwed up by a lawyer or a judge.

It is NOT income because:
-It simply doesn't appear on your annual T4
-It is there for your daily expenses while working away from home!
-It is mean to be expended all the way to Zero! Not to be saved to buy some fancy watch or to adjust your lousy salary while starving to do so.


If you have some left over from your perdiem...It's part of the game. And anyway, go tell me how you would quantify this in court if you are stupid enough to call this "income"
Same thing if you get to spend more than what is allowed to you. Too bad, just be more careful.
If you steadily spend more, maybe it's the time to ask for a perdiem raise.



Post not directed to someone in particular.

[TG]

Now if you are talking about someone working for himself and trying to expenses as much as he can, including his brand new shinny truck with a full sound system inside, just to escape taxes....

It's another ball game.

[BEFAN5]

But before you go see a lawyer, just pay your damm ex. By the time they are done you'll owe them more then your last three wives combined and the judge will still side with the mother.

[coreydotcom]

Just as an aside and this may help someone save taxes (or not):

Per diems are not considered income because they are a reasonable allowance to pay for meals while away from home. Allowances are generally not taxable if considered reasonable (this could be subject to interpretation by CCRA but generally what your employer pays you is reasonable).

However, when filing you taxes you have a choice.

Choice 1: do not include your allowance as income but you don't deduct the expenses the per diem is supposed to cover (the principle is that the per diem approximates the expenses it is supposed to cover so the net income is 0 so no need to declare anything.

Choice 2: include your per diem as income (add it to your revenue) but deduct actual expenses. This could be a slight pain in the rear because your actual expenses need to be suppported, meaning you will have to have kept ALL the receipts for the taxation year. This choice is advantageous if you think your expenses are greater than your per diem.

Obviously in your case you would want to go with Choice 1 as you have a bias to keep income as low as possible. Whatever the ruling, make sure your kid is taken care of!

[atwork]

The phrase "It's cheaper to keep her" comes to mind here.

[Expat]

Perdiems are NOT income!
Don't know how the f@ck many times I have to tell this.
If some of you had this factored into your child or spouse support, you just deserved to be left alone and screwed up by a lawyer or a judge.

It is NOT income because:
-It simply doesn't appear on your annual T4
-It is there for your daily expenses while working away from home!
-It is mean to be expended all the way to Zero! Not to be saved to buy some fancy watch or to adjust your lousy salary while starving to do so.


If you have some left over from your perdiem...It's part of the game. And anyway, go tell me how you would quantify this in court if you are stupid enough to call this "income"
Same thing if you get to spend more than what is allowed to you. Too bad, just be more careful.
If you steadily spend more, maybe it's the time to ask for a perdiem raise.



Post not directed to someone in particular.

If you life in a cheap place, and the per diems are good, you can make some money, tax free.

[Beefitarian]

The phrase "It's cheaper to keep her" comes to mind here.

True but it's tougher than it looks to do that.

[OceansEdge]

Just to add a note clarifying.... no per diems do NOT count as income in calculating child support,
HOWEVER.... you can't not declare the per diems AND deduct your travel expenses (as those are supposedly covered by the per diems)

It's one or the other ... show the per diems AND the expenses OR show neither
(my ratty ex tried to double dip that way - the courts slapped his hands to the tune of $300 for it)

[av8ts]

The reason divorce is so expensive is because its worth it.

[SheriffPatGarrett]

The grand thing about flying down in the USA was that
the suits did not require receipts for your traveling daily expenses.
I got audited numerous times, but it was at the first one that
the girl(yes, it was a girl), as she declined my moving claim(lost receipts)
and docked me for $800.00, she told me that I was allowed to
redo my tax report...so do like us we do at the IRS,
she said, as long as you're away from home working,
you are allowed to deduct ALL your living expenses, minus your per Diem, of course.
Make sure to record everything, as a second log book, or these little red or blue logs are
considered as legal too.

So, everything reconsidered, I was ahead instead of deep in the hole!

But Revenue Canada probably want a receipt even if you buy a box of toothpicks!
They'll probably tax you on the increase value of your dead grandmother gold tooth...

[robshelle]

One old grizzled controller who had gone through a costly divorce once asked me -

"Do you know why divorces are so damned expensive? Because they are worth it!"

Robbie Benusic
CYEG Tower