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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 12-29-2005, 04:27 PM
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Default Spousal/child support

My wife hasn't worked since the birth of my son, in 2000. We got seperated in March 15th,2005. She left with the kids and is presently living in sub subidized housing. I have started giving her child support, but have not giving her anything else since we still have not gone to our case coference. I tried making her an offer in the six figures but I got no response by her lawyer. Will i haveto back pay spousal support and if so for how long will I haveto pay this..
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Old 12-29-2005, 04:36 PM
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You will most likely have to pay back support from Mar/05. It is going to look badly on you at the case conference if you are not up to date on support payments. Judges frown upon this.

Have patience with her lawyer. Many lawyers are on a Holiday schedule this time of year.
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Old 12-29-2005, 06:16 PM
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I've offered her a lump sump payment for spousal support but her lawyer didn't do anything. My old Laywer said we haveto figure out the exact amount since she's collecting social assisstance. Nothing has happened has of yet. I will be meeting again with my new lawyer on January 9/06. Should I give her some money or wait till the judge orders me too.
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Old 12-29-2005, 07:02 PM
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Considering your children are on welfare, and your not up to date on your support (if I'm reading your post correctly) I'd want to fix the situation before I went before a Judge.
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Old 12-29-2005, 09:14 PM
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I know I should be paying more. My income last year was $10,000 higher than i usualy make since a had a one time lump sum payment for my severence package. I had my employer write me a letter saying what my salary is and my lawyer based my payments on that figure. My wife went on social assisstance without telling me anything. When I last talked to my lawyer I told him I want to pay some spousal support so that i don't get too behind. He told me we still don't know how much she's getting so he wasn't sure what to base it on. He further told me to give her $100,000.00 as part of the equalization. I was pretty shocked when he said this to me, I would haveto cash in all my RSP to do this or sell the house. I'm nervious about going to the case conference this February. I have since hired a new lawyer and she will be telling me where I stand once she reads over my file. I have a meeting with her January 9/06. My wife waited 6 months before she served me so everything was up in the air up till then. I have made her severel offers put get no response from her or her lawyer. Even the original case conference was screwed up. When we got there my lawyer told me they did not have a cour scheduled for us. They apperently faxed the confirmation letter to the wrong number. I didnot believe that for a moment, I feel they tried to purposly delay thinks for thier own interest. I just hope the judge understands this. I do not want my kids on social assisstance. I have worked hard all my life and accumalted what I have for them. My ex just those not understand this and wants everything I have. Even if it means going to trail and giving all my hard earned money to lawyers. What can I do but defend myself.
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Old 12-30-2005, 08:22 PM
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Once again, Judges have little patience with spouses who are behind in support. Hopefully your new lawyer will be able to work out a suitable arrangement with your spouses lawyer.

You do not want to waste all your hard earned money on legal fees, when it could be going to support your children. As Logicalvolocity said in an early post, legal fees can quickly add up to total a child's post secondary education.
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Old 12-30-2005, 09:30 PM
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Don't stop paying the child support until you have seen the judge. As far as the spousal support if there was a court order to pay than do so. But don't pay a lump sum esepecially if they are on social assistance. That will put your ex and children in a bind and put them off the assisatance and may put you in a position to have to pay more in other areas such as medical or what not. Pay the monthly amount and keep up on it.
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Old 12-31-2005, 01:07 AM
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FPI,

It is fairly easy to figure out what child support you should be paying.

Generally, it is common practice to use the last 3 income tax years returns line 150 to determine an average amount.

Year 1 X dollars
Year 2 X dollars
Year 3 X dollars

Add this amount and divide by 3 to determine the amount to be used in the child support tables which can be found here for Ontario. Cross reference the income with the number of children and this would be the periodic Monthly payable amount.

http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

I am not sure of the determined income, but I suspect after your ex claims the monthly child support received and also the applicable child tax benefits, she may no longer qualify for social assistance and the associated benefits such as dental plans and prescriptions that social services provide.

As far as spousal support goes the big consideration is that she have need and you have means after deducting the payable child support. Is she working? If no, Why isn't she working? Are the children in school? These are some of the questions you have to ask yourself.

Any amount of money that you give her in regards to spousal support, would be considered a gift as it is not court ordered and hence she would not have to report it as an income to social services as long as it is under $5000. Wait for the court to order.

The Ontario Works directives can be found here on the rules and treatment of income.

http://www.mcss.gov.on.ca/CFCS/en/pr...directives.htm

Her current subsidized housing is based on income and if her income increases significantly her rent will go up accordingly.

Additionally, when she does receive a net equalization payment she will have to declare this as an income to the Ontario Works and will also apply it to any money they have paid her to date.
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Old 01-01-2006, 03:52 PM
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Thank You for all the information. I'm sure judges to not look to well on a person who is behind on child support payments. However, I am paying monthly my child support according to what my employer said I make yearly. Like a said before a had a lump sum severence package which I won't be getting this year. I was wondering since the year is now over can I base my payments on this years income, according to my last pay cheque recieved. As far giving the money I'm spending on legal fees to my children, that was my whole intention. Put my ex just doesnot want to comminicate at all. She keeps on saying let the lawyers deal with it. I will be talking to my new lawyer soon. She is a very influentual divorce lawyer. I hope she can somehoe convince her lawyer to come to some type of agreement before this gets very dirty, and expensive.
I do think my wife has been taking off social assisstance, however, I'm not sure since she does not tell me anything. I'm still not sure how much spousal support to pay , she does not work and has no intention of going back. I guess this coming February she will be awarded interm spousal and child support at the case conference. What can I do if she just refuses to communicate with me.
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Old 01-01-2006, 10:55 PM
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FPI,

Generally child support is calculated from the amount from previous year or last 3 years income tax returns. You could notify her lawyer and inform her of a rough estimate of your 2005 tax year income.

If your ex spouse and her respective lawyer refuse to communicate and respond back to your formal letters, be sure to bring this up at the case conference and be ready to produce associated letters of communication. This will also show to the Judge that they may be acting in bad faith to delay matters and or adding to the legal costs.

It certainly shows that she isn't in too much of a rush to settle monetary items and it does make you wonder how much NEED she really has.

Spousal Support is not an automatic given. Every person in Ontario has an obligation to support themselves unless prevented from doing so by a valid reason that has merit.
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