Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 04-21-2014, 11:38 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,843
arabian will become famous soon enough
Default

Determining Material Change In Circumstances In Spousal Support Variation Applications - Family and Matrimonial - Canada

FYI: Supreme Court ruling regarding "material change in circumstance"
Reply With Quote
  #12 (permalink)  
Old 04-21-2014, 12:03 PM
Junior Member
 
Join Date: Apr 2014
Posts: 16
momtoalot is on a distinguished road
Default

So his bonus (and the fact he is moving in w his girlfriend) gives him more means correct? His bonus was $80 000. And my condition has remained the same. Same working part time. Same 80% care of the children.
Reply With Quote
  #13 (permalink)  
Old 04-21-2014, 12:18 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,717
HammerDad will become famous soon enough
Default

His bonus would affect c/s and his proportional share of s7, as they are both directly derived from salary.

SS will be a different matter. Unless your agreement provides that ss will be adjusted based off of income, you may or may not be entitled to an increase. It will really depend on what you agreement/order provides.

As for whether it is a material change of circumstance, I don't believe it is. You've mentioned your ex is a high income earner. Whether this type of bonus is the standard is unclear. If that is what he commonly got in the past, then it isn't a change. If it is way above his normal bonus, it MAY be a change, but it is on him to prove it is.

The fact that he is moving in with his g/f is completely irrelevant. Given that he is giving you 67% of his net income, the move may be more out of financial necessity than choice.
Reply With Quote
  #14 (permalink)  
Old 04-21-2014, 12:21 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,843
arabian will become famous soon enough
Default

Totally agree with HammerDad.
Reply With Quote
  #15 (permalink)  
Old 04-21-2014, 12:21 PM
Junior Member
 
Join Date: Apr 2014
Posts: 16
momtoalot is on a distinguished road
Default

Our agreement doesn't have the detail if I am entitled to the change in SS. He is actually trying to decrease and eliminate my SS.
After he pays he CS SS and S7 he has $8000 a month
Reply With Quote
  #16 (permalink)  
Old 04-21-2014, 12:22 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,717
HammerDad will become famous soon enough
Default

Quote:
Originally Posted by momtoalot View Post
SA has the NDI at 67% for me.
He wants to drop the NDI to 60%. That means a complete loss of spousal support. A small increase to the CS and a cap on the S7.
Outside of post-secondary education, a cap on s7 expenses is not unreasonable. Those costs should be agreed upon prior to them being incurred.

CS will increase per the guidelines as the bonus is income.

For spousal support, how long was the marriage and when was the original agreement signed? You mentioned you are working part-time making about $50k. Do you still have young children in the house that would justify working part-time?
Reply With Quote
  #17 (permalink)  
Old 04-21-2014, 12:25 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,843
arabian will become famous soon enough
Default

Whatever he has left is irrelevant unless he is claiming undue hardship.

Of course he is trying to eliminate SS. Welcome to the club. If you don't have a decent lawyer I'd get one now. In your initial posts you mentioned the agreement is a "partial" agreement? WTF is that about? Sounds like a bit of a train-wreck.
Reply With Quote
  #18 (permalink)  
Old 04-21-2014, 12:25 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,717
HammerDad will become famous soon enough
Default

Quote:
Originally Posted by momtoalot View Post
Our agreement doesn't have the detail if I am entitled to the change in SS. He is actually trying to decrease and eliminate my SS.
After he pays he CS SS and S7 he has $8000 a month
How much does he pay for each?

Given the math, it appears he is giving to you about $16000 a month between cs, SS and s7. That is a substantial sum.
Reply With Quote
  #19 (permalink)  
Old 04-21-2014, 12:30 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,843
arabian will become famous soon enough
Default

Friend of mine got 12k a month for 2 teenage children. She received lump sum SS by way of a substantial property settlement as well as nice addition to her investment portfolio.

Sounds as though you have interm order for support and they want to change it up?

Still don't know what would constitute a material change of circumstance. Pay raise/bonus doesn't cut it in my opinion.
Reply With Quote
  #20 (permalink)  
Old 04-21-2014, 12:31 PM
Junior Member
 
Join Date: Apr 2014
Posts: 16
momtoalot is on a distinguished road
Default

Partial separation because we haven't been able to agree on access and parenting
I have the kids living w me ages 5-16. A cap on section 7
means if I work more than part time I pay for the additional child care
plus a reduction is cs equivalent to what I would make from my employment. S7 isn't income. I have to have a different home and provide for the kids differenlty than he because I have them 80 percent. He won't do 50-50
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Material Change in Circumstance (Assessment Reports, etc...) Tayken Divorce & Family Law 5 12-02-2013 02:29 PM
Question regarding spousal support and material change in circumstance KW_Divorced Financial Issues 3 06-23-2013 01:15 PM
Motion to Change or Vary? (Material change in circumstance) Coop Financial Issues 7 03-23-2013 09:11 AM
Material Change in Circumstance? anotherSTEPmother Divorce & Family Law 11 04-09-2011 02:12 PM
Material Change in Circumstance exgetsitall Divorce & Family Law 2 12-20-2008 10:29 AM


All times are GMT -4. The time now is 12:48 PM.