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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-19-2010, 12:11 AM
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Default Any thoughts on this?

Hi all, My wife has asked for interim Spousal support after 2 yrs and 8 months. The judge looked at her and said "Why did you wait so long to ask?" DENIED!!
Thoughts on this?
Advice?
She is working full time and has been for a few years. She lives in our house which has no mortgage while I pay rent of $800. per month. She has three fully grown adult children all living at home and working full time. She has stated that she has not even considered asking them for rent. She has also stated in her discovery that she spends $5000. per year on vacations, while I can't afford to travel overseas, just drive within the province. She is a retired Airline employee with full flight benefits for life which I also enjoyed up until I left, and she still travels several times a year and as stated spends $5000 annually. Although I make more money annually than her, my standard of living has gone down because I don't have the use of my house or garage for my hobbies and I can't make use of the flight benefits any more to take annual vacations. (for which I am trying to assign a cost to, as I am now missing out on a Family benefit which was used for years, several times per year).
I pay for half of the house insurance and taxes as well as half of any maintenance costs associated with the house, although she has done very little maintenance on it in the past almost three years and now the roof leakes (tarped) and the neighbours are complaining to me about it being run down and her not doing anything to fix it. I have stated in my Discovery that I would like to buy her half of the house out, but then she also stated in her Discovery that she wants to buy me out. I have told my lawyer that although I would still like to buy her out, that I would give in and let her buy me out.
She has had my cars appraised professionally, lied to the appraiser causing them to be thousands of dollars overpriced, which of course forced me to have my own appraisal done which came in at the proper apprased price (which her appraiser agreed to after discovering that he was fed a line of crap), and he tried to lower his appraisal through her lawyer but he refused.
Thoughts on this too?
Advice?

Thanks a bunch in advance.
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Old 02-19-2010, 09:04 AM
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I'm sorry, I don't quite understand your question.

For spousal support, if you wait more then a year to make a request for it, it usually means that you don't need it. She was able to live without it for almost 3 years, so it's probably not necessary.

You have to decide if you want to buy her out, or let her buy you out. Since she's living in it, chances are she should buy you out and remain in there. She's lived in the house for almost 3 years, so that builds a status quo in that favour.

Also, you could count the payments you make for insurance and maintenance as spousal support.
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Old 02-19-2010, 10:35 AM
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If she is not entitled to any spousal support, and the children are all adults... I am wondering why you are paying half of any of her living costs? (maintainence, taxes ect??)
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Old 02-19-2010, 10:41 AM
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If you are paying anything then she should be paying you rent. Essentially you have a landlord-tenant relationship (or you should)

She should pay half the mortgage, taxes, and all the insurance. Then she pays you half of the market cost of rent (which would be higher than the mortgage payment) Then you use your rental income to pay half the mortgage and taxes. It should all work out so that what she pays in total cancels out your obligations. There is no reason you should be apying ANYTHING. She lives there, not you
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Old 02-19-2010, 10:44 AM
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I agree with Foredeck on Spousal.

As far as your house goes, if you buy her out then she is paying rent, she has to kick out her three children, etc. She will have a suitcase full of arguments. I'm not saying they are great arguments, but it is a drawn out and complicated issue. If she buys you out, then get yourself a condo and you are in a better position, not paying so much rent, etc. (Or make the best investment you can think of, but overall your situation is simpler, better, and no arguments.)

As far as the cars go, try to keep this simple as well. I think you are asking what to do about the appraisal, the costs of another appraisal, etc?

You write up your cars at the proper appraised worth. You get a note from her original appraiser stating he agrees with your appraiser, that he was given incorrect info, then who cares if her lawyer agrees or not, he can't do anything with false appraisal, but cover your arse.

Don't get into a thousand dollar lawsuit arguing over the couple of hundred dollars of cost of the appraisal. However if your ex tries to persue you for extra money for the false appraisal then you will seek legal costs including the cost of the appraisal.
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Old 02-19-2010, 11:14 AM
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Thank you all for your opinions. I guess what I was really asking is for some input on what she has been doing up to now. As I have stated in my previous post, the house has no mortgage any more and my payments to her are basically for my share of the house costs because technically half the house is still mine and I wanted to make sure all taxes and insurance is paid for etc. I also stated previously that I have given in and told my lawyer that she could buy me out. We go to court next month (scheduled for 5 days) and I just wanted some opinions and advice before I go there. She is being very difficult and putting up roadblocks at every turn.
As far as the cars go, it turns out that her appraiser and mine have know each other for thirty years and her lawyer has instructed her appraiser to not talk to mine.
The oldest "child" is 30 yrs old and the youngest is 19.
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Old 02-20-2010, 12:24 PM
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Quote:
Originally Posted by smissttt View Post
I guess what I was really asking is for some input on what she has been doing up to now.
?????

Are you looking for someone to tell you how hard done by you are, based on your short historical version of what happened? Sounds like a job for your counsellor.
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Old 02-20-2010, 12:31 PM
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No absolutely not. Just looking for some advice for when I approach this thing in court in a few weeks.
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Old 02-21-2010, 06:31 AM
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Quote:
I can't make use of the flight benefits any more to take annual vacations. (for which I am trying to assign a cost to, as I am now missing out on a Family benefit which was used for years, several times per year).
You probably don't have claim to this. It doesn't technically have any monetary value as it's a benefit from her employer. You can fight on this, but you may as well prepare yourself accordingly.

Also re: the assessor, if you've spoken to the gentleman that did the over-priced assessment, simple make sure you include that conversation in your affadavit. (assuming they try to use the assessment anyway).
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