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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-24-2017, 01:32 PM
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Default How much SS am I gonna pay?

About to go through a separation. I make 100,000, she makes60,000. One 13 y/o child. Any idea of what I'm gonna have to pay?
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Old 10-24-2017, 01:56 PM
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About to go through a separation. I make 100,000, she makes60,000. One 13 y/o child. Any idea of what I'm gonna have to pay?
With regards to spousal support it should be 0$ but, there are many factors to consider and you should talk to a lawyer.

With regards to CS that is easy to figure out.

If the other parent has "majority access" of the child you would pay: $880

If the child resides equally (equal access) on a 50-50 basis: $334

Good Luck!
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Old 10-25-2017, 11:15 AM
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It's a two step process.

First is to determine if any SS is due. This can be because your STBX sacrificed her career for the marriage/child and is now disadvantaged. It could be because she would be destitute without the SS, which doesn't seem to be the case here.

If SS is due, the second step is to determine the amount and duration of SS. For amount, have a look at https://www.mysupportcalculator.ca/calculator For duration, it is usually between 0.5 and 1 year for each year of marriage. If your STBX's age plus the years of marriage is 65+ then the "Rule of 65" kicks in and you're screwed. Hopefully this doesn't apply.

Also have a look and read of the SSAG (Spousal Support Advisory Guidelines) at Spousal Support Advisory Guidelines

Good luck! SS is a real mess. No real rules, only guidelines and a lot of jurisprudence.
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Old 10-25-2017, 11:34 AM
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Good luck! SS is a real mess. No real rules, only guidelines and a lot of jurisprudence.
To quote the Honourable Mr. Justice Quinn:

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[158] I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional). [page285]
(a) Support obligation of spouses

Source: Bruni v. Bruni, 2010 ONSC 6568 (CanLII), par. 158
http://canlii.ca/t/2dnn1#par158
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Old 10-26-2017, 12:41 AM
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Originally Posted by skreeks View Post
About to go through a separation. I make 100,000, she makes60,000. One 13 y/o child. Any idea of what I'm gonna have to pay?
Well, I know for a fact that if your incomes were reversed, and she made $110,000, and you were the father with $60,000 seeking SS, then this forum would tell you your SOL. (http://www.ottawadivorce.com/forum/f...support-21384/)

So I am inclined to tell you that your ex is SOL. Unless Arabain believes that the laws will all of a sudden change now that the shoes are on the opposite feet.

This is about to get very interesting.
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Old 10-26-2017, 10:28 AM
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Here is some bad advice...

Generally, the payable SS on the 100k vs 60k is small if even required at all. (See the SS guidelines.) If you demonstrate you are going to resist the request and the lawyer on the other side is any good at what they do... They will do a risk assessment for their client as to what it would possibly "cost" to get SS.

Basically, if you demonstrate that they are going to have to spend more than they will get on legal fees to "win" SS... They will back off. There is a point at which this kind of SS isn't worth going after... When you have to go on motion or to trial.

The reality is that this kind of SS is not easily determined and does require the courts' assistance and requires a judge to throw some darts and consult a ouija board. So, barring nonsense like not providing financial disclosure, the costs risk gets lowered because it is a complex issue requiring judicial input.

So, the cost recovery is probably only about 15-50% of spend. If you make them spend 100,000k to go to trial... they will never recoup the 50,000 through the crappy and short-term SS they will get. They will back off...

Yes, this is bad advice. Horrible... But, it is a reality.
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