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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 07-17-2017, 10:51 AM
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Hi Everyone

AS you know I've was served a week ago , I have since hired a Lawyer and just finished my response to all of her assumptions on how things went down.

She is now wanting back spousal from the date of separation and indicated that I forced her to sign our original agreement. we separated Sept 2014.
Also is going for all costs. I can't believe this can happen so many years later. The whole has me so stressed out .

If she does win this spousal support case ,is it based on her income today?

My Lawyer wants to make an offer to settle as she indicated that it needs to happen? And she wants to offer less than What I tried to offer to make this go away late last year.
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Old 07-17-2017, 01:14 PM
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When she first left she was min wage now she is making 18 per hour and a manager position at her work place. And now she wants spousal.

Should the numbers be based off of todays numbers, she had just gotten this position this year
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Old 07-17-2017, 02:31 PM
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Quote:
Originally Posted by zanman View Post
When she first left she was min wage now she is making 18 per hour and a manager position at her work place. And now she wants spousal.

Should the numbers be based off of todays numbers, she had just gotten this position this year
hey zanman, your lawyer should know how to deal with SS, that's why you pay him big bucks. But first of all you should ask yourself, is she entitled for SS?
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Old 07-17-2017, 09:45 PM
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What is the basis of reopening the agreement?
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Old 07-18-2017, 08:15 AM
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She is saying I coerced her into signing it and she had no legal advice even though we both waived our legal advice and even had a lawyer witness it when we both signed it. She is also indicating I told her what to write and that I would uses the kids against her if she didn't sign it . I can't believe the accusations.
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Old 07-18-2017, 09:09 AM
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Originally Posted by zanman View Post
She is saying I coerced her into signing it and she had no legal advice even though we both waived our legal advice and even had a lawyer witness it when we both signed it. She is also indicating I told her what to write and that I would uses the kids against her if she didn't sign it . I can't believe the accusations.
She has a very difficult task ahead of her to provide convincing evidence supporting her claim along with a valid reason for taking 3 years to bring this matter up with the court. Judge's aren't stupid and are wise to people who are merely looking to pad their income. I certainly wouldn't lose any sleep over this.

If she has been self-sufficient all along, despite set-back of accident/injuries, and able to earn a living then I wouldn't jump too fast to concede SS.

Perhaps consider and discuss with your lawyer about putting together an "upgrading" package consisting of partial assistance for extension-type courses she could take in her spare time. Of course you would expect her to continue to work full time.
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Old 07-18-2017, 09:51 AM
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Thanks Arabian.
That's what I feel, she has been self-sufficient since she left and she didn't want spousal at the time. Like I said before I even have an email in regards to her saying (as we previously agreed I don't intend to seek spousal 2016) I can't believe the things she has said I did , I would never use my kids as leverage, they have been the most important to me through all of this.
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Old 07-23-2017, 10:14 AM
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Disclaimer: I am not an expert. I am not a lawyer. I am just going through this now and this is what I have gathered from my case law research.

Spousal support. What a tangled web.

Spousal support has three facets; compensatory, non-compensatory and contractual.

Compensatory is support for a spouse who has made sacrifices to their career during the marriage for the children or the partner. What they make today doesn't always need to be considered for compensatory support. The court is looking to compensate the spouse for opportunities lost, or if they contributed to their spouses career, award them with some of the benefit of that contribution.

Non-compensatory support looks at need, means and conditions. The spouses current wage plays a part in this assessment. They need to show need and that you have means to pay. To make it more confusing need isn't the defined version, need to the court is weighed against the standard of living enjoyed while married. So someone making $100,000 a year could still have need if their partner makes millions and they enjoyed a lavish lifestyle.

Contractual is what you have now. (I don't know a lot about contractual because it doesn't pertain to me so I skip most of that reading) However, I think that your ex has to first Move to have your agreement set aside. She will have to have a reason to do so and not having a lawyer's advice is a lot of times a good reason unfortunately. But, she will have to explain why it took 3 years to complain about being manipulated into signing. I would imagine that would be a tough one, I haven't read any case law on that situation but I have read enough to know that Judges are suspect about accusations, that an average person would bring forward in a reasonable amount of time, are brought up a long time later.

Read case law. CanLii.org Start with Bracklow v. Bracklow,
Leopold v. Leopold (my note on it states contract variation but I can't remember what it said)
Lees v. Lees (my note states separation agreement variation but I didn't read this case law)

Hope this helps
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