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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 03-07-2006, 05:09 PM
FPI FPI is offline
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Default Spousal support needs major reform

On February 22, 2006 I attended a Case Conference. My lawyer agreed with my ex's in regards to me giving them consent to write my employer regarding my income and also argeed to me giving further disclosure and fianally question. After that another Case Confernece can be booked and Motions can be filed.
As you know this can take months.My question is my wife has lived up till now without me paying her spousal support, I'm sure that once we get the above issues out of the way her lawyer will make a motion for spousal support. It's been one year since she left. What happens if upon equaliztion she gets in the six figures. Is she still entitled to spousal support and if so how are the courts looking at the time nowadays. I know there is no way I could pay her what she wants without going into a bottom less pit.
Panama is looking good just about now.
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Old 03-08-2006, 05:51 PM
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Sorry, but geez... I just couldn't get past this statement...

Quote:
Originally Posted by FPI
... my wife has lived up till now without me paying her spousal support...
I do hope you're not among the many who think that is 'defense enough' to not have to pay anything in spousal support... Sometimes support is warranted and sometimes it's not, but the fact that someone manages to live without it for a specified period of time is not evidence that it is undeserved.

As for the equalization payment, I'm not certain, but I don't think it's relevant to ongoing support. I certainly could be wrong on that, though; maybe someone else can clarify?
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Old 03-08-2006, 07:54 PM
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I'm not saying that spousal support is not warranted, however, the law clearly states that both parents should be self-sufficient. In my case my ex refuses to work, therefore putting me in a spot where I cannot survive as a result of me paying her spousal support.
In my opinion spousal support becomes a luxury, it makes some people not want to return back into the work force.
Spousal support should be limited to a certain period. Nowadays judges are awarding either spouse more and more.
How is one to survive living if they haveto support two households with one income.
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Old 03-08-2006, 09:29 PM
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you have to keep this in mind;

One party has NEEDS and the payor has MEANS.

If you take one of these out of the equation there is no spousal support.

The one good thing about spousal support if it is part of a separation agreement or court order and is periodic payment it is tax deductible dollar for dollar.

So for most people; if 500/ month is awarded its actually a little over 250 with the tax deduction.
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Old 03-08-2006, 10:25 PM
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I agree with you when you say they rate spousal support with the means and need method. However, my situation is this if I make $55,000.00 per year that would mean I pay $750.00 Child Support and over $1000.00 spousal support. After all my dedutions, CPP, Fed Tax. Union dues, Medical Dues and Pension and so on, it would leave me with $850.00 to live off. How am I supposed to live?
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Old 03-08-2006, 11:53 PM
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I agree it doesn't leave you with very little and additionally very little amount to provide a nice place when you do have a children in your care.

How did you come up with the 1000/month spousal support amount or is that what they are asking for in their claim.

Did you run a rough calculation with the spousal support advisory guidlines?

I believe you mentioned your ex was in subsidized housing. These are geared to income. Is it in her long term plans to continue to reside there? If so her monthly rent will definitely increase significantly and her current standard of living will not improve.

Even if you calculate the pending claim she has, 1000 ss+ 750 cs and 245 ctb for each child, I think her rent will be around 30% of gross annual income from all sources. Maybe she is not aware of this.
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Old 03-09-2006, 12:27 AM
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Logicalvelocity,

As for how I came up with the $1000.00 spousal support, they asked for it, however, my lawyer worked it out about the same amount. I know me paying this much would make it impossible for me to live my life. I would not be able to drive, eat or for that matter do anything. Just renting an apt would cost me at least 700.00 per month. That’s if there is any.
My wife those live in subsidized housing at the moment, how long she plans to live there I don’t know. She presently pays 299.00 a month for a three bedroom, which is located in a very nice area. My kids love their new school and don’t want to leave it. As for her rent your right it will increase if she gets the spousal support, at the moment I have only been paying child support but that will change within the next few month once they have questioned me. Than a new case conference will be scheduled followed by motions.

As for her being aware I don’t think she really cares as long as she hits me in the pocket book. She wants to drain the blood out of me. I will be giving her in the six figures, as an equalization payment wants everything is said and done. Will this make a difference?

My other question is, if I can’t live off $850.00 a month what can I do. I can see myself going into arrears every month. Or for that matter going into severe depression and loosing my job, which is already on the line due to my depression and not being able to focus. It’s been so hard for me the last year, I feel like it as aged me twenty years.
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Old 03-09-2006, 12:49 AM
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FPI,

No doubt in my mind that it is a very stressful time for you.

I am not sure how the housing authority would treat the pending equalization payment. One thing that does come to mind is that generally there is a huge multiple year waiting list to get into social housing over ie: 11,500 family's waiting in Ottawa alone.

It does make me wonder how your ex beat the multiple year waiting list. Generally a person is given a higher priority on the list if they cite abuse etc. This allegation is never verified.

Have you requested disclosure on these documents your ex's social housing application. Perhaps, some misleading story has been told. The time to request disclosure is at the forthcoming pending case conference.

I have no doubt that the matter is effecting your work. You are human along with the rest of us. Have you considered speaking with your doctor. Stress is not good. Perhaps a part-time work regime would be more appropiate until the matter is settled. As I mentioned, Consult with your physician.
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Old 03-09-2006, 11:45 AM
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Yes I have spoken to my Doctor he feels I'm going through severe depression, yet I still go to work to try to maintain my sanity. Although I feel the end is coming. I want to get through the next Case Conference so that I can see how much my wife is awarded, If it is more than I can take than I will most likely hit rock bottom, and I'm not sure whether I will work again.
As for my ex getting subsidized housing, I think she claimed abuse. Ther have never been any records of me abusing her. It was her way out.
You brougt up a good point about getting disclosure regarding her stay at this aptartment. I do wonder when she applied for it. It might make a difference in my seperation date.
As for the spousal support is there anyway that I can pay her less than the guidelines, again how Am i supposed to live on $850.00 per month. There kind of forcing me to move out of the country.
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Old 03-09-2006, 05:18 PM
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FBI,

Ask for disclosure in writing before the case conference. If you don't receive it, then ask for it through the Judge at the Case Conference. This will help if you are asking for costs. I highly doubt a Judge would order spousal support at a case conference, unless it is on consent by both parties agreeing. Interim spousal support would be awarded at a motion based on affidavit evidence.
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