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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 09-14-2015, 03:48 PM
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Any major health concerns (before, during and after marriage ended)?
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Old 09-14-2015, 03:57 PM
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Quote:
Originally Posted by Links17 View Post
How long has it been?

What was your family income at the time of marriage?

What was her role/sacrifice during the marriage?

What is the custody arrangement?

What was her income at seperation time?

How much are you paying now?

What was her career path before the marriage?
It's been almost 5 1/2 years.
Income based on $93,600 me, $33,000 her but that's not her true income based on her working a 40 hr work week. Her income should be $40 - $42K
Her role was a mother and a housewife working part time and full time 3 years before separation.
Joint custody at the time of separation for a 19 year old whose mow 24 and a 16 year old whose now 21. I pay no CS. All done!
I pay SS of $ $346/week, $1500/month, $18000/year
She is a unionized factory worker.
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Old 09-14-2015, 04:06 PM
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Quote:
Originally Posted by arabian View Post
Any major health concerns (before, during and after marriage ended)?
She psychotic! Lol!
She got into a car accident in 2000 and had a C2C3 fusion but recovered and runs 5k-10k marathons as well as works out 4-6 a week and teaches aerobic
Really no major health concerns. She's very able bodied. I know she'd suffer headaches from time to time.
I suffer from PVC's, daily, and on going knee problems but I still go to work and function every day.
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Old 09-14-2015, 04:06 PM
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How many years were you married?

Do you exchange financials (NOA's) every year?

Was there no end-date or mention of material change of circumstances or retirement in the separation agreement?

A change of material circumstance could be that there are no longer children of the marriage (when was that).
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Old 09-14-2015, 04:15 PM
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Quote:
Originally Posted by arabian View Post
How many years were you married?

Do you exchange financials (NOA's) every year?

Was there no end-date or mention of material change of circumstances or retirement in the separation agreement?

A change of material circumstance could be that there are no longer children of the marriage (when was that).
16 1/2 years married
Yes we're supposed to every year as per agreement but she hasn't produced hers. I asked but she never shows me. Mine are always ready in a file folder. I download them off CRA with the basic info.
No end date. I asked my lawyer for one but he said it will hard to get one. I do have change of circumstance. She was bought out of my retirement.
2013 was when I got a summary judgement to end child support.
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Old 09-14-2015, 04:24 PM
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I'd dump the lawyer - he's not doing you any good by the sounds of things.

I'd hire another lawyer. You need to get her financials. Don't dick around on this. New lawyer will file a Notice of Motion, serve it on her and at the same time demand financial disclosure with a deadline to produce. Likely her lawyer will contact your lawyer and hopefully come to an agreement.

Would also be handy to get a copy of her collective agreement. I'd instruct your lawyer to have SS stepped down (recalculated retroactively) from day children ceased being children of the marriage. Then you go forward and hopefully renegotiate with an end date. If negotiation doesn't work then you go to court. If she's "nuts" you might just want to get to court and skip the nice stuff.
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Old 09-14-2015, 04:50 PM
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Yes my lawyer made me feel he just went through the motions. Although he was good to me financially with the BS waiting games they did. He never charged me. All these lawyers are in cahoots here. I'm a unionized tradesmen so I'm a walking meal ticket. Allot guys go thru the ringer here because of it. I'll be asking her at years end verbally. I'm going to give her one more go at it just so it doesn't cost me $300 for a letter. She always gives me a hard time with the tax receipt but I always say to her, is your money in your bank account every Friday? It's automatically deposited. As far as her collective agreement, I'm on that right now. One of my Union reps our plant chairmen, brother was an upper Union rep with her Union and is getting the agreement. I have her last one. They are slated for their new agreement next year. I don't know if it would matter much retroactively because my income fluctuates between $93500-$97500. My lawyer said its ok as long as it don't go beyond $5K over. Both Incomes will fluctuate. Although she doctors her time for tax purposes because of what I pay in SS adding to her income. Trust me! I want this to end. She is making a decent income if she goes to work everyday. If she don't work Overtime she will bring in $42000/year.
I work 5 days per week with the odd weekend. My base pay is $83600. She owns her own home. She got a great head start. Better than most woman do in this situation.

Last edited by Baffled_Dad; 09-14-2015 at 04:54 PM.
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Old 09-14-2015, 06:58 PM
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I'm at a loss as to how someone can "doctor" their pay if they work in a union shop.

Her income is what it is. You can get valuable information about seniority (and where she is on the pecking order) should she be turning down "bids" for jobs. This is what is commonly used to determine if someone is voluntarily underemployed and can assist a judge in imputing income.

No small kids at home to justify reduced work schedule... no immediate health concerns that would justify reduced work schedule (she'd have to get doctor's certificate for that - probably a specialist's letter and they don't like writing those).

If you can't find a decent lawyer then self-rep. You can use the useless lawyer (discuss limited retainer) if/when you need to. Most people on this forum seem to come from Ontario so you can get help on which forms to fill out if you decide to go it alone.

Get the financials and go from there is my advice.
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Old 09-14-2015, 07:10 PM
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So out of the 16years
She worked 3 full time

13 years of sacrifice (not even discussing part-time)

For compensatory :
Humour me, Let's do a little math.
Let's say she worked in this union job for the full 16 years. What would her income be right now?

I think you are nearing the half way mark and given that your income together was about 100k for a family of 4 during the marriage and she now has an income of 42k as a single person she has no non-compensatory right.

I would go to court and hope to get an end date 12-18 mo from now.
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Old 09-14-2015, 07:22 PM
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Judges always want to appear to be fair to both sides. Therefore, I'd recommend going for a step-down approach. However, depending upon the financials for past 3 years he might be able to have this retroactively calculated back to the traditional 5 year post-divorce review period or when material change occurred. He may or may not be successful because his lawyer was stupid and didn't request a review at the time (he says lawyer was good to him and didn't charge him much during 'wait periods' - I'd hazard a guess that the lawyer realized he'd fucked up by not insisting on an end date etc.). My ex has a 'tarded lawyer but even he tried for an end date.

Baffled_Dad - do you see the word "indefinite" anywhere on your divorce order with regards to SS?
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