Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 07-14-2010, 10:33 PM
Member
 
Join Date: Oct 2009
Posts: 37
Rao Agnihotri is on a distinguished road
Default Retro payments for spousal support?

Hello Guys,

My marriage was only 1.4 years long and then we separated. I tried to make $300 payment to her but she declined to receive it. Now she is asking for retro payment from the time we splitted for each month in the amount $1200/month. All along the separated time, she was not on welfare and hence supporting herself. She is going to court.

Now my question is can a judge simply decide that I am liable to all the expenses and should pay $1200/month from the time we separated. On what basis can judge make a decision of retro payments and how common it is in our court system? Thanks for your help.....
  #2 (permalink)  
Old 07-14-2010, 10:44 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,227
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Any children involved?
  #3 (permalink)  
Old 07-14-2010, 10:50 PM
Member
 
Join Date: Oct 2009
Posts: 37
Rao Agnihotri is on a distinguished road
Default

No there is no children involved, but I bring her to Canada on spousal sponsorship.
  #4 (permalink)  
Old 07-14-2010, 11:00 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,227
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Hmmm, I don't know anything about spousal sponsorship. I think you may need to speak to a lawyer who specializes in that kind of thing. Sorry
  #5 (permalink)  
Old 07-14-2010, 11:12 PM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Spousal is generally not retro except to the the date you request it. If she is just making this claim now it wouldn't usually be retro. There can be exceptions, but she would have to have a reason why she didn't make a claim to you until now.

A judge would not "simply award it". It is never simple and it is a comparison of your arguments and hers.

Rao, did we discuss before the meaning of the sponsership and how that might affect a claim? Did you get any legal advice about that?
  #6 (permalink)  
Old 07-15-2010, 12:38 AM
Member
 
Join Date: Oct 2009
Posts: 37
Rao Agnihotri is on a distinguished road
Default

Thank you for the responses. What I know about sponsorship is that it is upto 3 years of support. I did contacted a family lawyer, but my lawyer dont seem much familiar with immigration issues. At one point my lawyer told me that if I don't give spousal support then all it means that I will not be able to sponsor anyone else, other than this there will no issue. I am not sure how true this is.
  #7 (permalink)  
Old 07-15-2010, 12:48 AM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

To my knowledge there is very little actual enforcement of sponsership, and I believe your lawyer made a good assessment, it is not the letter of the law, but rather how it is applied.

She may present the 3 year sponsership as a reason in family court for seeking spousal. I can't speak to how that. Your issue really crosses over between two different specialities. Perhaps speaking with an immigration lawyer would be helpful.

Also have you called the Law Society of Upper Canada? They have a referal service and you could get a half hour consultation. In your case it would be very helpful to be able to explain to them your issue, and then they could find you someone familiar with each of these issues.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Children's bennefits Wiser2008 Financial Issues 20 01-02-2014 12:19 PM
press release: Ontario's Family Responsibility office Peggy Parenting Issues 8 10-22-2010 11:20 AM
child support payments to increase May 1 Peggy Political Issues 85 11-11-2009 11:56 PM
Hi i'm new and have spent 30k in 18 months to get 3 support payments urrrrg! dalia Introductions 6 07-04-2009 10:54 AM
Top-up support payments NoSoup4You Financial Issues 2 10-24-2008 08:28 AM


All times are GMT -4. The time now is 11:11 AM.