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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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  #11 (permalink)  
Old 10-24-2016, 03:38 PM
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The children are adults

It's about spousal support

I did send one offer to settle which his lawyer claims he did not receive ,it was included with other documents sent by registered mail

I will send another one ,which I intend on filing an affidavit of service and faxing
Do you have any suggestions about this process ?
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Old 10-24-2016, 05:26 PM
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Quote:
Do you have any suggestions about this process ?
Come prepared and come organized.

Quote:
It's about spousal support
You need to figure out what is the basis for your claim, then how to present it.

Is this case part of a case for divorce? If so, you want to read up on section 15.2 of the divorce act - found here: https://releve.canlii.org/en/ca/laws..._Orders__46492

For spousal support, you first need to show entitlement. This can be compensatory (based upon advantages he received or disadvantages you suffered), non-compensatory (based upon need) or contractual (if a contract was signed saying he would pay spousal support).

For non-compensatory:
- Look at your financial statement. All of those numbers under expenses? Get receipts.
- Look at your financial statement. All of those assets and debts? Get statements.
- Look at his financial statement. Is he lying? Does he have unnecessary or excessive expenses? What shows that he has the means to pay?

Consider the standard of living you both enjoyed during the marriage; your reasonable needs; and his ability to pay.

For compensatory:
- Did the family move for his career?
- Was your career put on hold or extinguished to support his or raise children?
- Was he able to pursue his career because you stayed home to care for the children (particularly if he was out of the city)?
- How would his career have been impacted if you did not do that?

People have suggested that you look to a lawyer. You may qualify for legal aid, depending on your capital assets and province. Spousal support is of middling complexity as far as family issues go. Having a lawyer should help.

If it does not, read the following and take notes for how they apply to your case:
SSAG - Spousal Support Advisory Guidelines (yes, the whole thing)
Miglin case - Miglin v. Miglin - SCC Cases (Lexum)
Moge case - Moge v. Moge - SCC Cases (Lexum)
Bracklow case - Bracklow v. Bracklow - SCC Cases (Lexum)

Yes, they are long. Reading them is investing time into your future income stream.
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Old 10-24-2016, 05:50 PM
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Excellent advice OrleansLaywer - we should make this a "sticky" on the forum.
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  #14 (permalink)  
Old 10-24-2016, 05:52 PM
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Quote:
Originally Posted by Paulamichelle View Post
The children are adults

It's about spousal support

I did send one offer to settle which his lawyer claims he did not receive ,it was included with other documents sent by registered mail

I will send another one ,which I intend on filing an affidavit of service and faxing
Do you have any suggestions about this process ?

OrleansLawyer's response to your questions is excellent. I recommend you print it out and follow it step-by-step.

After you have done your reading perhaps then post any questions you have.
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Old 10-26-2016, 10:57 AM
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Dear Orleans Lawyer
Thank you so much for your advice ,it is by far the most helpful to date .

I was divorced in 2013 and established entitlement then and back in court because my ex did not meet the provisions in the order and did not disclose assets or his income .

I am revisiting the facts that support my entitlement though to spare his honour going back thru the original hand written mess from 2013 .Also I am touching on it because I am requesting for an increase that reflects my Ex increase in income as he resumed his career in film prior to our divorce making significantly more money and as I Understand it the nature of my entitlement will be one factor in me being allowed to share in any increase !
1:my ex did not follow the original order ,I did not have any legal help other than duty council ,he retained 2 lawyers prior to get advice (outside court) . He insisted that tha duty council who offered to help him in court sign the minutes as a 'Witness only' he did not want her to help .

2:the career he now has that he resumed in 2012 in the movie industry was one in which he had to live in Toronto to peruse for 11 years ,leaving me behind to raise 2 small children alone 1,4 years old .I did not like this arrangement at all and I also wanted to move to Toronto to peruse a more fulfilling career perhaps in film ,I included in the evidence letters from local a theatre director and opera singer with whom I worker with over several years on productions about there opinions of my work and potential .

3: I also have need because I'm ill ,I was an ODSP and now CPP disabilaty the transcripts from the CPP tribunal which occurred in May where included but apparently if the author is not called to witness then they could be not used . The only witness's are myself and my ex so far .

4: also They feel my new BF or common law spouse as he is can support me ,I maintain that his income should not be reflected because
A: it is not a secure relationship
B: his income from farming is 22,000$ average 3/yr ,this is actually excessive being he sold assets and has outstanding accounts to get to this amount ,but hey if they insist on using some it won't make much difference ,I should note though that he does have considerable assets 1mil .

5: Hi lawyer requested every bank ,loc,investment and credit card statement for the last 3years ,I have financial statements almost all my 1200.$ a month goes to food household maintence items and medicine .

6: I qualify for legal aid but would have to get the BF to sign a lein against his house for it and that won't happen.

7: my ex has the means and I calculated how much extra money he has per month using his budget to base my offer to settle ?? Although I think my entitlement is higher .I have incurred significant debt pretty much reflective of the shortfall in support I should have received .
Part of the debt 50% was money lent to the BF in 2014 which he decided I did not really need to be paid back !! He has stated that he feels I owe him this much !! although when I moved in I took on the expenses his ex had paid ,her being on the sunshine list so I felt I was doing good ! Anyhow I have yet to recover this debt although I'm sure I will .

7:my ex has the means to pay although he has had a significant surplus of income above expenses over the last 3 years he shows no savings ,he either 'consumed 'it or hid it ,I really don't know .just prior to our divorce in 2013 he purchased a new atv and a new truck.His budget shows 500$ per month for alcohol

8: the standard of living issue is a bit confusing ,we usually had a nice house a one point a new one I designed and I too the children to several cultural events as well as traveled to Europe ,Disney etc. When he lived in Toronto he shared accommodation and now has a 2 bedroom apartment alone ,his weekends are often spent at his hunting camp .
I currently live in my BFs farm house ,it's fine but it needs repairs and is to big for me to look after myself and I can not afford help (which I usually had) .probably the worst aspect of living here is the fact that his ex has on several occasions came into the house when I was away and went thru my things ,I called the police but unless he would charge her nothing could be done .She has alienated his kids so I attribute this to why he let her off ,I could be wrong .That said we served her a no trespass order but I still doubt this would help if he wouldn't follow thru ,this situation makes me feel very unsafe and my accommodation does not feel like a 'home' .One of the provisions in my original divorce order was that my ex would provide my with a more accurate amount of support if I choose to live alone as I anticipated needing to move out unfortunately I did not anticipate my ex would not fulfill his obligation

I was married for 25 years 7 months ,have 2 adult children ,was self employed working part time making 12,000$ a year est
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  #16 (permalink)  
Old 10-26-2016, 11:20 AM
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Orleans Lawyer gave great advice
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  #17 (permalink)  
Old 10-26-2016, 05:48 PM
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I totally agree
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  #18 (permalink)  
Old 10-26-2016, 08:48 PM
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part of your debt was 50,000 that you lent to your bf? If that is the case then have legal aid put the lien on his house and just go up to the 50,000 to settle that debt. That would give you some legal help that you may need. Was it your bf who said that he (bf) doesn't have to pay that back to you as he feels you owe him that? The way you talk about the bf and the ex, he isn't really a nice man to or for you.

I wonder if there is a way that you can put a lien yourself against the bfs home to get the money you need?
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  #19 (permalink)  
Old 10-27-2016, 09:06 AM
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Hello
The debt I'd 15,000$ and I actually still live with the BF ! To comment that I have made poor choices would be to state the obvious lol but I have .Orleans Lawyers post gave me some confidence as I clearly understood his logic and how it's application should apply .I have to have everything ready to file Friday so I think I will drive up to do it today just in case I'm missing something .perhaps there will be members who will be able to coach me with the questioning of my Ex and myself as well as giving my own .The court I'm in rarely holds trials for divorce but I'm going to call the co-ordinatior to see if I can observe the process if there is another in the sitting before mine is called .
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