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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 05-02-2017, 07:55 PM
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Default SS and new repartnering

Hi again, Since last time, here is an update.

My ex was looking for ss, I had all the proof that he is underemployed by choice and has potential to earn better salary (he is self employed).

The judge imputed his income to the higher range of his profession (electrician/plumber) with no ss from me + appropriate cs for our 2 girls that live with me.

Now the ex is appealing the income imputation. And....I was planning on moving on with my life. My new partner and I were looking to move in together to try things out, but my lawyer said that if my new partner moves in with me, my new family income (partner's and mine) can be used to calculate possible ss payments that the appeal might review.

Is that right? I looked all over and could only find reference to the receiver's marital change.

Pls advise so I can advise the lawyer. Or do I really have to wait for the things to be over?
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Old 05-02-2017, 08:21 PM
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Partner's income is only considered when one party claim's undue hardship. (look that term up ... lots of information available). You pretty much have to be in dire straights to succeed in claiming that. If your ex is a licensed plumber AND a licensed electrician there shouldn't be a shortage of work.

Simply email your lawyer and ask him to provide you with one case, similar to your situation, which would corroborate his advice to you. If he does provide you with the case law I would appreciate it if you posted it on here as I would like to read it.
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Old 05-02-2017, 08:35 PM
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Actually, I just skimmed over your previous posts. Your situation is a bit different in that, by your own words, in your first post you state that you basically supported the family. Your ex is at or close to a "traditional" retirement age (65) and obviously looking for a pay day income from you. It seems that his income was in spurts, never consistent? Yet he maintained all of his licenses (plumbing, electrical, class 1 drivers' license) all of this time? If so, then he certainly has the potential to earn income. As I stated in a much earlier post, retirement is when someone can afford to retire.

The thing about SS is that it is individual and not cut-and-dried like child support.

As you were the main income earner throughout the marriage one would wonder why you now need SS. Another question would be around what you and your ex planned on financially to support the family... your ex is older than you... what were your plans when the two of you were together? You married an old guy so surely you had some plans for his retirement?

Hate to say it but you can't suck and blow at the same time. You should review your entitlement to SS for a start. If you earned all the income over the years then you certainly don't have a need-basis for SS. Compensatory is you giving up a career to stay home in a traditional role to raise the family.. doesn't sound like you did that. So then there is the contractual part.

I'm really confused by your situation. In the end, family court judge will look at data and make a decision.
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Old 05-02-2017, 08:35 PM
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Quote:
Originally Posted by Stunned View Post
Hi again, Since last time, here is an update.

My ex was looking for ss, I had all the proof that he is underemployed by choice and has potential to earn better salary (he is self employed).

The judge imputed his income to the higher range of his profession (electrician/plumber) with no ss from me + appropriate cs for our 2 girls that live with me.

Now the ex is appealing the income imputation. And....I was planning on moving on with my life. My new partner and I were looking to move in together to try things out, but my lawyer said that if my new partner moves in with me, my new family income (partner's and mine) can be used to calculate possible ss payments that the appeal might review.

Is that right? I looked all over and could only find reference to the receiver's marital change.

Pls advise so I can advise the lawyer. Or do I really have to wait for the things to be over?
He can only appeal if he believes there was an error in law in the making of the original order, and he must submit it quickly. What are his grounds for appeal? Does your lawyer think it has any merit? He can't just appeal because he didn't like the result.

Here is some information on appeals from this very website. Ontario divorce and family law appeals

IF the judge allows the appeal, and IF your ex can prove entitlement this time, and those are pretty big IFs, then one of the factors that will be examined would be your ability to pay. This is called "means" if you want to do further research.

And yes, your ability to pay would be affected by having a new live-in partner sharing expenses with you. Not because his income is included, necessarily, but by the fact that your expenses are reduced.

Personally, I think SS is anachronistic, and I like to think a judge would only be concerned with the parties' financial situations during the marriage and at the breakdown of the relationship when considering SS or not, but that's probably not realistic of me.

And, equally personally, I do not recommend moving on and in with a new partner until the previous relationship is all finished, including legal matters. It tends to complicate things. If your new guy is a good man, he'll be understanding and patient.

Last edited by Rioe; 05-02-2017 at 08:38 PM.
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Old 05-02-2017, 08:35 PM
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Lets say he succeeds in making an impression of dire need, what my new partner have to do with it? Would they look at my income only, or do they really look into live-in partner's income as well?

It scares me, I dont want to start a relationship with burdening my new partner to support my ex.
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Old 05-02-2017, 08:38 PM
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Arabian:" Hate to say it but you can't suck and blow at the same time. You should review your entitlement to SS for a start. If you earned all the income over the years then you certainly don't have a need-basis for SS. Compensatory is you giving up a career to stay home in a traditional role to raise the family.. doesn't sound like you did that. So then there is the contractual part.

I'm really confused by your situation. In the end, family court judge will look at data and make a decision."

NO, HE wants ss from ME.
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Old 05-02-2017, 08:38 PM
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He can only do that if it's undue hardship.

You never updated your previous thread. I'm actually surprised anything was decided in less than one year. You had his income imputed, settled custody, CS and SS in that time? How/when did you finally get him out of the house?

People here don't just give advice, they like some feedback on how others got through their situations.
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Old 05-02-2017, 08:40 PM
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There is no "impression" - there is a financial statement that one completes.

You can have a look at the multi-page financial form that the courts (family court) require pretty much everyone to fill out (across Canada). Yes your soon-to-be partner will have to divulge all of his assets and liabilities.

You can upload the form - if you live in Ontario just do a search on Superior Court forms.
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Old 05-02-2017, 08:43 PM
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Quote:
Originally Posted by paris View Post
He can only do that if it's undue hardship.

You never updated your previous thread. I'm actually surprised anything was decided in less than one year. You had his income imputed, settled custody, CS and SS in that time? How/when did you finally get him out of the house?

People here don't just give advice, they like some feedback on how others got through their situations.
I gather that her lawyer is warning her of all of this in the event of an appeal, not that one has happened.... just a precaution from the lawyer perhaps?

If the two have been to court so far, at any stage, I believe they would have had to fill out the financial statements which clearly includes assets of one's common-law spouse.
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Old 05-02-2017, 08:46 PM
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Quote:
Originally Posted by arabian View Post
I gather that her lawyer is warning her of all of this in the event of an appeal, not that one has happened.... just a precaution from the lawyer perhaps?

If the two have been to court so far, at any stage, I believe they would have had to fill out the financial statements which clearly includes assets of one's common-law spouse.
Arabian she doesn't have a common-law spouse. Yet. She's considering living with him.

To the OP: what happened with the equity in the house? The cars? Is he actually making the imputed income? Is he making his CS payments? So many questions.

Last edited by paris; 05-02-2017 at 08:49 PM. Reason: Added nosy q's
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