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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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  #21 (permalink)  
Old 09-14-2015, 07:25 PM
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End dates are almost impossible at divorce time for a marriage of any serious length.

Indefinite doesn't mean anything?
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  #22 (permalink)  
Old 09-14-2015, 07:31 PM
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If my ex comes out of his phony quasi-retirement, and I find out, I can assure you the "indefinite" becomes quite important. I was burned for several hundred thousand dollars. There will be no "fresh start" for my ex I can assure you.

Each situation is different.
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Old 09-14-2015, 07:33 PM
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Quote:
Originally Posted by arabian View Post
Baffled_Dad - do you see the word "indefinite" anywhere on your divorce order with regards to SS?
It's in mine... why specifically are you asking?

Married 16 years - been paying support 5 years... hopefully have 35+ years of living to go...
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  #24 (permalink)  
Old 09-14-2015, 07:54 PM
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Indefinite just means we don't know when it will end. It DOES NOT mean will never end. It means "undefined" or "until further notice"
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Old 09-14-2015, 08:57 PM
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Originally Posted by arabian View Post
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.
What I mean about doctoring her pay is Intentionally taking time off. Doing the math based on her base pay with her afternoon shift premium at 5% her income should be around $42K. She comes in around $33k. Basic math says she's taking around 10 plus weeks off a year. They get paid sick days. I get there are days were everyone needs some time off. Union shops are the worse because they protect the worker. Time off is never usually an issue.
I don't know if they have a bidding season because they are a feeder plant. She's at her highest level pay now. I appreciate your input thus far
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Old 09-14-2015, 09:03 PM
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Originally Posted by Links17 View Post
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.
I'd say 3-4 years is correct. Her income should be $40-42k/year working 5 days. I could careless if she works overtime. Her choice. I asked to base our incomes on 40 hours. No where in our agreement it says anything about non comp or compensatory. Up to date she's been compensated enough.
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Old 09-14-2015, 09:05 PM
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Originally Posted by arabian View Post
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?
It says no where anywhere on my agreement or minutes of settlement of INDEFINITE SUPPORT. Thank god!!
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  #28 (permalink)  
Old 09-14-2015, 09:06 PM
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Quote:
Originally Posted by Links17 View Post
End dates are almost impossible at divorce time for a marriage of any serious length.

Indefinite doesn't mean anything?
This is what my lawyer stated, but in his words.
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  #29 (permalink)  
Old 09-14-2015, 09:08 PM
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curious - how old are you and your ex?
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  #30 (permalink)  
Old 09-14-2015, 09:14 PM
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Quote:
Originally Posted by Baffled_Dad View Post
This is what my lawyer stated, but in his words.

"serious length" is subjective term

I was married for 30 years so 16 years looks like 'child's play'

No your lawyer should have set an end date or, at the very least, terms for review.

Self-represented, you ask for the traditional 5 year review. You request full financial disclosure. Change in material circumstances - no longer 'children of the marriage.' You may be considering early retirement or wish to pursue other employment options. The list goes on.

The onus is on your ex to prove she continues to be entitled to SS I would think. I'm not a lawyer. Best bet is to get the financial information (in great detail, leaving nothing to chance) and do plenty of reading on CanLii for situations similar to yours. I would be pleased to assist you.
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