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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 09-30-2010, 10:44 AM
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You may be entitled to spousal support, however, you will need a lawyer to get it. I doubt he will outright agree to it, so you will have to prove to a judge that you are entitled to it due to vast differences in salary, your work position suffered and intent to marry. But expect him to fight back pretty hard.
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Old 09-30-2010, 11:12 AM
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You really need to sit down with a lawyer and go over the numbers.
Do you receive CCTB for your daughter? Do you receive child support for your daughter?

As a rough estimate is the total of your employment income + CCTB + Child Support close to 45% of his after tax income (minus anything like CS being paid on his end).

If the answer is yes, then you can expect a VERY hard fought battle for spousal.

Do you have 10-30,000 over the next 1-3 years to spend? Are you willing to risk being held accountable for HIS court costs should you lose?

Those are the kinds of things you need to look at.

Personally I would tell you to stop looking towards spousal support, and focus more on equitable division of the value of the home. If you took care of the other bills + groceries + paid the rent in full so he can save up a down payment for the two of you, you would be much better off, and likely would have a higher chance of success by arguing THOSE points, rather than the pursuit of spousal.
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Old 09-30-2010, 11:37 AM
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Quote:
Originally Posted by noralee View Post
Where do you think he supported me and I didn't support him...We rented a house where I payed the bills so he could save up for a downpayment on a house while he was going through a divorce which his ex took him took him to the cleaners..he bought the house and I still payed for the bills and groceries and took care of my daughter..I had to go full time just to keep up with things..we were together for 5 years..I am just asking for help to get back up on my feet..yes i feel he should help me out for a couple of years..if it wasn't for me he wouldn't be where he is today...
Are you saying that with a part time, then full time minimum wage job you supported the three of you while he saved all his money for a down payment?

You sound like you are complaining that you had to actually get a FULL time job - wow.

Sorry, I'm not buying what your selling. You said he makes $70k, and you minimum wage, and YOU supported HIM? Sure. He would have been better off financially if he was single the whole time, but he supported you, more than you supported him. Time to support yourself and be grateful for his support while you were together.
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Old 09-30-2010, 01:16 PM
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Quote:
Originally Posted by noralee View Post
..I am just asking for help to get back up on my feet..yes i feel he should help me out for a couple of years...
Get back on your feet? From what? What did you give up during the relationship that you need now to get back yourself back on your feet?

Give it up. You were common law. What tiny little entitlement you MIGHT have will easily get eaten up in legal fees.

Quote:
Originally Posted by noralee View Post
..if it wasn't for me he wouldn't be where he is today...
And it wasn't for him you wouldn't have enjoyed the standard of living that you did for a few years. Holy sense of entitlement Batman!
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Old 09-30-2010, 06:10 PM
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My ex tryed to do the same thing after 8 yrs of marriage until the mediator asked her where I would get the money to pay her SS and CS for her 2 kids that I married into and the 2 kkids we had. That was after 8 yrs though. If you went after this guy for SS after only 5 yrs...shame on you. From what I have read in these posts you did pretty good with him. Better then you would have done without him. Think about that before you now try to TAKE HIM TO THE CLEANERS like his last ex did. Shame shame shame! BTW my ex didnt get SS because there wasnt anything left after CS. Again...SHAME
Unfortunately the courts of Canada might agree with an arguement for SS.
Can I get your ex's email so I can advise him on how much you should be paying him for rent, gas, electricity up keep of the home etc.
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