On another SISIP Clawback situation.

Hi Red

What I was saying is that if you are receiving anything beyond your regular VA pension, excluding spouse or child, they can't use that to calculate income for child support, I have allowances beyond my regular VA pension, attendance, clothing , exceptional incapacity, this can add up to alot, now I fought this with the court and won, so the judge lowered my child support payment by a much smaller amount.
Don't know if you fall in this same category, with the added allowances.

Trooper,

I went through a very lengthy legal process through the Manitoba courts and lost.

The VAC pension in its entirety is now used to calculate Child Support. I know that its wrong because why should my spousal portion be used against me? That is the same as using my spouses actual income to figure out child support. Anyway after $7000 in legal bills it was time to call it quits and suck it up.

If anyone else here has managed to convince your provincial family court to only include your Vac pension amount, not spousal and not children it would be interesting to find out how you managed to get it done that way.

I think that in all of this SISIP Class action, provincial courts and whatnot that the lawyers know how to manipulate they system and depending on how much money you are willing to fork out will result in what you think is fair. So if you have money to throw away in legal fees, then fight the fight and you probably will win, if not be prepared to pay extra every single year until your kids are done school.

Either way you are out legal fees or extra child support.

Maybe we have to start calling DVA award what it really is to ensure clarity.
It is not has never been a pension! It is a gift of Canada for pain and suffering. It was never and is not a pension. The words screwed up MC and GOC when they argued this case. The actual legislation that brought this into power in 1919 says "GIFT OF CANADA"

red

When calculating total income for the purpose of child support, the courts can only take into account the pension portion of VA.

This goes for all veterans that are paying child support, any allowances, attendance, clothing, or any other benefits incapacitated or anything that is added to your regular VA pension can not be added for the purpose of calculating child support in canada.

rags agreed but unless someone is willing to push this to the suppream court nothing will change.

propat

thanks for that red thats kinda what my numbers look like to but i wasnt sure as i just payed what they asked and moved on.not sure if i gave a crap at the time ore even knew what was happening its still all very fuzzy.

propat

That is seriously flawed.

The whole banana!
With the VAC pension Child support is calculated on the total amount the vet gets + the spousal part, and of course all the childrens part. I tried fighting the spousal part as I give that to my spouse but....and that is my $7000 dollar (legal bill) answer to that question as this is what it cost me to find out.

Enjoy

cant say for sure rags but it seems they are using the whole thing.red may give you a more percise answer.

propat

Propat, Red,

Do they use the whole portion or just the child and spouse portion in the calculation? The purpose of the DVA PandS is the eleviate sufferig for the member. Everyone knows and so did DVA when it started that a few extra bucks buys those little things that makes your life easier which are not covered by GOV or health plans.

your right rags an apeal can be made but every family court does use dva in their calculations.now its been a while since i read the pention act witch goes on ad nausium about what the payment cant be used for witch seems to cover child support and finishes with the verry interesting words"either in law ore in fairness"ore something to that effect.are all courts useing dva in their child support payments?yes.is it leagal?it doesnt appear to be at least in my oppinion.

propat

Hey Red,

Im not sure on the issue of PandS money being added as income at Provincial court. I do know that PandS money earmarked for spouse and child can be crossed to them as a payment but not sure if an individual gets the hit on their portion. PandS money is considered sacred by the courts but if you have had this occur to you where 100% of your PandS money was added as income to calculate child support thats of interest. My friend is Attorney General so I will ask at coffee next week. Maybe ya have a appeal....family court judges are not the brightest..and remember judges are appointed. SOme have never practiced law before and get to be judges so ya never know.

redfisher you are correct on that at least as far as child supportr goes.however i belve this is the only case where a provincial court does this.

propat

Rags, you stated, No court has ever let "pain and suffering grants" be used as income.

The provincial Family courts do use pain and suffering grants to be used for income especially when determining Child Support. Family courts use every penny that comes into your/my pocket as income. It is for the benefit of the children to do this. So in my case all my income, regardless of where it comes from, is calculated as income and therefore my child support to my ex is paid to her to equalize the amounts of money in each household. This gives the kids the same money in each household so they benefit equally.

Anyway my point is that the provincial courts do take pain and suffering payments as income.