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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 06-14-2012, 11:01 AM
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Default spousal support

hi! to everybody, its been a long time i haven't on this forum, I just have a question who ever can answer me, regarding spousal support.

Details:
I did finished school as a pharmacy assistant last 2010, I worked for 6 months, I got laid off and cant find any job for 6 months. So i decided to go back to school again and finished just this March. And now Im recieving financial assisstant. I had my first payment this April for $600 a month. I am in the process of asking a spousal support. We are on shared custody agreement of son. I move out this Jan'12. rent is $950 my family is helping me pay the diff. on my rent. And what ever expenses I have till I get on my feet and find a better job. My ex-common law income is $35,000, according to spousal support guidelines I am entitle to get child and spousal support. But my ex-common law lawyer argue that they will not give any spousal support, child support they will. child support is $299 and spousall support is $7 to 8 hundred a month and they will retro pay me from Jan till present. Their argument is, if i really want to get a job, I will, even on sales or minimum pay. They said I am not entitle because I have 2 degree in college. It is impossible for me not to find a job. And hear this, they want to base my income as I worked minimum pay, and that is $24,000 and the diff. is $10,000, and they will base my spousal support on $24,000 income. Is it really true that if you have 2 degree in college, you are not entitle for spousal support. Is the judge will go by the rules or they will acknowledge what ever they are disputing. Our case conference is coming this week. And my lawyer said it depends on the judge, they might consider it or they will allow them to pay a spousal support according to the calculation.
I need some answer so I know what to expect on our court date.
Sorry its a long message but I hope somebody will try to read this.

Thank you
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Old 06-14-2012, 11:13 AM
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You are responsible for obtaining work, and it is a possibility that he will be able to impute an income of minimum wage on you.

Your education in irrelevant to the amount of spousal support you are entitled to. Since you are a new graduate it is understandable that you are having a hard time finding a job. Please contact your former school and ask if they have a program which helps new an recent graduates find employment. Most do. Make sure you show the court proof that you are using this service and actively seeking employment.

Good luck
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Old 06-14-2012, 11:42 AM
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thank you, i have a list that i been applying even i am still at school, and i have a copy of those, and yes i been contact with school about finding a job. They said it is really hard or down at this moment. But i just finished this March, its been only 3 months, so you mean the judge can approved their argument, if they will base it on $24,000 i only get $72 spousal support. I dont think its fair. They can't expect you to find job right after you finished school. And my graduation is still in August. But can they really do that, and judge will allow it. My lawyer did this calculation according to the s.s. guideline and we put all details about my education, so if that is the case why they say that i am entitled on s.s.
So, you mean I can not get the amount on s.s. guidelines and why do they have to base it on a year period, not only on the time i finished school till now.

thank you
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Old 06-14-2012, 11:52 AM
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Sorry, I don't even see that much support.

That you cannot find a job for the time being doesn't mean you get to claim $0 income. If your ex lost their job, would you agree that they stop paying all support immediately? The courts would not, and if you were still married you would have to pay the rent somehow, going into debt if necessary. Being out of work doesn't obligate your ex to support you entirely.

In Ontario minimum wage is $10/hr, that works out to roughly $20k per year depending on hours. Full time hours are 35-44.

35k+20k= 55k
55k - 3.5k (child support) = 51.5k
51.5k x 40% = 20.6k

Honestly you shouldn't be receiving a penny.
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Old 06-14-2012, 12:09 PM
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Why are you going to court? What are the issues? How are you paying for your lawyer?

How long were you common-law?

How many children and how old?

How long have you been separated?
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Old 06-14-2012, 12:55 PM
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1. we are in separation process, i was at legal aid
2. 12 years
3. 1 and 9 yrs. old
4. i move out January this year

take note it is a c.c. all i want is the separation to be final and we are on shared custody week-on week-off. And my lawyer is the one who told me that i am qualified on child and spousal s.
we do everything by the rules, separation guidelines i am entitled of c.s. and s.s. they just argue that they will not give me any s.s. and they only or will give c.s. because i have a 2 college degree. That i have to find or imposiblle not to find job. i do looking for a job, even when i am still at school, its just maybe i have a bad luck thats why i cant find job. I just finished last March

thank you
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Old 06-14-2012, 01:15 PM
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It seems reasonable that you are imputed a minimum wage full time job as you should be able to find that. You are an educated adult, you should take responsibility for finding at least a minimum wage job. Have you been looking for unqualified jobs such as coffee shops and cleaning?

With two degrees, you should be able to make more than $35K. Maybe then you can pay your ex spousal support. Would that be reasonable?

CS should simply be based on your actual (or imputed in your case) incomes and be updated every year in July based on the previous years tax return and/or income. You should be using offset CS in your case.

Given his income of 35K and your imputed income of 20K and equal shared custody, mysupportcalculator.ca says $202 per month CS, $0 spousal.

Last edited by billm; 06-14-2012 at 01:23 PM.
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Old 06-14-2012, 01:20 PM
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maybe i dont;

$10.75 x 40 hrs.= $430 a week
$430 a week x 4 weeks =$1720 ( take not tax is not included)

NOW:

rent a month is $950
baby sitting before and after every 2 weeks is $ 300

950 + 300 = $1250 a month

$ 1720 - $1250 = $ 400

That is if I have full time for minimum of $10.75
I dont know mind if the judge will see it that way. If that is the way it is, let it be that way. All i asked is, if they can really do that. So i know what to expect.

thank you
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Old 06-14-2012, 01:38 PM
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The kicker with spousal is you have to prove you are entitled to it before you can bring calculations into things. Did you give up a career in favor of his? Did your advancement opportunities suffer from the relationship?

From what you descRibe you were essentially a full time student for some of that, so you gained benefit from the relationship, rather than suffered from it. On that basis alone, you shouldn't be in receipt of spousal, you don't meet the entitlement checks.
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Old 06-14-2012, 01:45 PM
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Also, you forgot to add cctb/uccb and child support into your calcutions. That's another couple hundred.

Now look at your ex's side. 35k is approx $2000/month take home. Less 200 cs is 1800/month.

Hey look, you have damn near as much disposable income as he does. Minimal difference. With week about custody, so he has the same requirements for housing/clothing/etc as you do. With a minimum wage job, you are within 80-90% of his income. Spousal support would only come into play if you were UNDER 40-46%. You are double that.

Going back to school, while admirable, is a choice. If you cannot both go back to school AND support your children, you have to make some adult decisions.
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