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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 06-21-2015, 10:12 AM
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Default Motion vs settlement conference

my ex is trying to get more spousal payment. Her lawyer has asked for dates for a motion to try and get additional ss.

She is clearly living within her means at the current ss rate. However my income has increased significantly since the separation.

If we do the ssag it doesn't take into account such factors as her commons law income, her excess cash and savings.

Is it better to go to a settlement conference and register an offer to try and finish this divorce and minimize any potential increase to ss,

Or go to a motion and try and get the judge to not stick within the confines of ssag and see our side?

On a side note had anyone heard of a lawyer named Ross Milikien from Bolton?

Thank you

Happy fathers day
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Old 06-21-2015, 08:19 PM
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So this is a quote from the government of canada department of justice "Under the federal Divorce Act, spousal support is most likely to be paid when there is a big difference between the spouses' incomes after they separate. However, this is not always the case. A court may decide that the spouse with the lower income is not entitled to support. The court may reach this decision if that spouse has a lot of assets, or if the difference in income cannot be traced to anything that happened during the relationship."

About spousal support
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Old 06-21-2015, 10:40 PM
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You are asking what the possible outcome would be. It is impossible to say BUT if you want information you need to give details.

-Length of Marriage
-Roles performed in the marriage
-Roles after the marriage (custody arrangement)
-Length of time since divorce and spousal support quantum and duration
-Current income of ex

It is theoretically possible for her to up the SS depending on the factors involved but somewhat unlikely.
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Old 06-21-2015, 10:45 PM
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We were married for 21 years. During the course of the marriage she went back to school and upgraded her degree and job. We split the custody of the children equally.

My income is over 350k and hers is just shy of 90k. We have been separated for 3 years. We have had a temporary separation in the interim and if we use the ssag based on current incomes the ss increases by a third.
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Old 06-22-2015, 09:33 AM
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What sacrifices did she make for the family unit?
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Old 06-22-2015, 11:09 AM
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I was the primary caregiver of the children. I assume she would disagree. We both worked full time but my Hours are more flexible.

The key question here is how to proceed. Respond to her motion or put forth a settlement offer. My income is expected to increase and I am concerned about her continuing to benefit from it.
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Old 06-22-2015, 12:46 PM
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Regards settling or going to court - I think you should go to court and terminate it. Just because the marriage is long term doesn't mean she gets SS for sure.

__________

If that is the case:
1 - you both worked full-time always
2 - you had more flexible hours
(thus you were the primary caregiver)
___

You say your salary increased recently?
What was your standard of living like while you were married compared to what she has now? (her common law income comes into play here)

She might not have grounds for any spousal support IMO....

In terms of compensatory SS she has no grounds

In terms of non-compensatory if she enjoys a similar standard of living now as while you were married EVEN if right AFTER the marriage you became rich she has no grounds for claim because she didn't use it. In any case you give her enough so for 1/3 - 1/2 the marriage she can benefit as if she was still married to you (same type of car, same # of vacations etc...)

Last edited by Links17; 06-22-2015 at 12:54 PM.
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Old 06-22-2015, 12:48 PM
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Her standard of living is similar. I am currently giving cs and ss. My lawyer is pushing for me to go with the revised ssag table with my higher income. My lawyer feels that the judge rarely goes outside the ssag and will put more weight on the length of our marriage as opposed to her financial needs.
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Old 06-22-2015, 10:32 PM
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From what you have said she has no grounds to spousal support.

There are 3 sources of spousal support
1. Compensatory if one spouse sacrificed more for the marriage they get compensated (didn't happen)

2. Non-compensatory just because your spouse now has a lower standard of living the longer the marriage they have the right to get a step down from the standard of living. It isn't a "MEANS and NEEDS" analysis. It is a comparison between her life before and her life now.

Question your lawyer on what the basis for her getting spousal support is....
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Old 06-22-2015, 10:43 PM
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The issue of needs vs compensation is useful for a trial. I am unsure if a motion hearing can fully go into th detail of needs vs compensation. Chris is why I am thinking a settlement offer can bypass the motion and not have a judge hinder us in their motion ruling
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