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
  #41 (permalink)  
Old 09-16-2015, 02:34 AM
Senior Member
 
Join Date: Feb 2012
Posts: 146
Baffled_Dad is on a distinguished road
Default

Quote:
Originally Posted by nogoingback View Post
I think your lawyer(s) are correct in that it may be too soon.... to terminate SS. However, it would probably be worth pursuing an end date no later than three quarters of the length of the marriage, and/or a step-down phasing out of SS.
No agreement is going to mention whether the SS is compensatory or not, but it is a very important determination and it is mentioned in many decisions on Canlii. Based on your other posts, it would appear (sadly) that your's is more compensatory- i.e. it compensates her for the length of time she was out of the work force and giving up the opportunity for career advancement, taking care of the children etc. Your's is a mid to longterm marriage, and the longer the marriage, the more "compensatory" the SS. Non-compensatory is meant to be more transitional, in that it helps an ex spouse get back on her feet after what is typically a short marriage, without kids, at a relatively young age with lots of future earning potential etc.
The thing you do have going for you is that your ex is working and has been for some time. The fact that she has demonstrated that she is or could be self-sufficient is huge, and could very well translate into a step down decision. There are many on here who are continually frustrated by ex's who chose to remain unemployed, so you are comparatively speaking in a good spot.
What was her salary when you separated? Has it increased significantly since? If so, you should be entitled to some relief, particularly if she remains "underemployed".

You should definitely be exchanging financials, and you do not need a lawyer to do this. If she is not responding to request for financial disclosure and you are in Ontario, use Form 20. Look at this thread for info:
http://www.ottawadivorce.com/forum/f...nancial-17239/
To save money, you can do some of the paperwork yourself. However when you need advice or want a lawyer present if your case makes it to trial, you can hire a lawyer as an agent as opposed to hiring a lawyer "on record". Hiring a lawyer as an agent allows you to remain unrepresented. All correspondence would go through you rather than your lawyer, thereby keeping costs down. It is not for everyone. It is a ton of work with lots of landmines, but doable.
Her salary or yearly should be $40-42K yearly. It could be as high as $52k working overtime but that's her choice. I hardly work overtime myself. I work steady mid nights and can't stay awake past 8 hrs.
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
Thinking of Self Representing - Anybody been through this ? plainNamedDad44 Divorce & Family Law 21 07-31-2013 02:56 PM
Case conference questions- Self Representing toronto_father2 Divorce & Family Law 28 07-17-2013 10:35 PM
Found out ex is self representing E-Gal Divorce & Family Law 9 07-28-2011 10:13 AM
Self Representing Question dad93 Divorce & Family Law 10 11-18-2010 06:19 PM
Newly self representing, Questions about word changes in final order Paulzinho Divorce & Family Law 25 11-04-2010 11:04 AM


All times are GMT -4. The time now is 08:23 AM.