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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 10-13-2005, 10:15 AM
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Default Spousal Support Amount

I am planning on begining divorce proceedings. I have been separated
for over a year now. I plan on offering my wife 100% of our assets
and property including the debts of course (i.e. 100% of our NET worth).
We were married for 17 years, and have three children. I know
there are guidlines for child support, but what about alimony:
What amount would be reasonable? I currently make about $57,500/yr.
What would be a reasonable amount for her to expect from me? In case
the details have an impact on this , I committed adultery, and am still with
the other woman. I don't know what bearing that has on the situation,
but I expect if might be a factor, so I am mentioning it. My future wife
(and I) feel very bad for our current spouses, and both agree that we should
leave them 100% of everything, however she (future wife) is concerned about
my ability to support her and anxious that I do not overburden myself financially.
She suggested an upper limit of $500/month for ten years. What do you think?

Last edited by gvjt; 10-13-2005 at 10:18 AM.
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Old 10-13-2005, 12:09 PM
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If this helps at all. my soon to be ex husband makes about $84,000 a year.
The courts have ordered that child support be given for three children in the amount of $1315 a month. And that spousal support be given at $750 a month (We were asking for $1500 a month)

Of course the court orders are temporary right now - but that is what I should be recieving... The spousal support order hs not yet reached FRO.

Hope this helps.

Last edited by Fresh Starts; 10-13-2005 at 12:12 PM.
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Old 10-13-2005, 02:13 PM
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Default Length of Payments

Thanks for the reply. How long will you recieve such payments?
Is there some time limit on it, or does it continue forever?
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Old 10-13-2005, 07:50 PM
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gvjt,

There are numerous considerations a court will make in determining the amount of spousal support. You can find out some of these factors at:
http://www.ottawadivorce.com/spousalsupport.htm


There has been a statistical study of the amount of spousal support awarded in Ontario. While each case is decided on its own facts, you can find out the expected range of awards at:
http://www.ottawadivorce.com/how-much-spousal.htm


You actually need a computer program to calculate the figures if there are children because of the tax considerations. I’ll do one calculation just so you have something concrete - but please note that I’m not saying this is the correct amount of spousal support for you. It’s just to give you an example.

I’ll assume your wife has no income, as you do not mention this. I’ll assume your children are all between the age of 7 and 16 years. I won’t look at anything fancy that might affect things like RRSP contributions. I’ll assume that the children are living primarily with your wife. And I’ll assume the children have no special or extraordinary expenses. (As you can see, that’s a lot of assumptions!).

Given that your wife will have 3 children living with her, a court could well order that you pay up to 60% of your net disposable income. You gross monthly income would be $4,792 per month; your child support would be $1,037 per month; your spousal support would be $972 per month; your taxes would be $752 per month; leaving you with only $1,814 per month income to live on. That’s not too much once you’ve paid for a house and car! (This is probably a worst case scenario for spousal support).

As for time limit, given that you’ve been married for 17 years, no judge will set a time limit. Which doesn’t necessarily mean you’ll pay spousal support forever, it just means that at some point in the future (say, when you retire) you’ll probably need to go back to court to get spousal support changed.

I’d strongly advise against giving 100% of your assets to your spouse. That’s obviously your guilt talking. In dividing your assets, your behaviour does not have any effect on things (unless the behaviour resulted in the dissipation of your assets).
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Old 10-13-2005, 07:56 PM
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Fresh Starts - that award of spousal support looks low unless there's something you haven't said - are the children spending a substantial time with him or something like that? Do you know why the judge awarded that amount? It looks like the judge shared the family income more or less equally, but if you've got 3 kids to raise money and he doesn't, money's going to be a bit tighter for you than him.
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Old 10-14-2005, 12:29 AM
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i know the award of spousal support is low.
Please remember that both my child and spousal support is "temporary " orders.

I was married for 16 years (I'm 35 now) I have three children (16, 15, and 10)
Their father spends as much time with the kids as he wants (Which is not alot. He prefers to spend his time partying with his friends) I have never denied him access to the kids, (Even allowing the kids to go with their father at 15 minutes notice) but the kids really don't want anything to do with their father unless he is going out to buy them something. The kids claim that their father acts "weird" and that they are afraid of his driving. (You have to remember that the kids witnessed their father verbal, mentally and physically and threaten to sexually abuse - he was a very controlling man)

I think the judge ordered that amount because the ex claimed that he wasn't making the amount of money I stated he was making (The T4 slips for the last three years put his income at 84,000 - 89,000 - and the last year at 86,000 because he took so much time off work etc.... ) Since I was also a stay at home mom for most of those years because he wouldn't let me work (I worked part time occasionally in the last few years of our marriage) So I think that may have been a factor in all of it.

He states that I should get a job and work. (Which was a big NO NO when we were married, but now all of a sudden there is thi NEED of his for me to work... Which I have no problem doing. I use to love working when I was allowed to work.

So everyone can pat me on the shoulder and say congrads because one REALLY good thing happened when I decided to stop taking the abuse and file for divorce - I start work on Monday... my lawyer actually hired me , and is going to train me to be her matrimonial assistant. The paperwork I have for my divorce is immaculate and I was even doing things for my lawyer so I would move this divorce on faster....

You have to also remember that the ex still owes me $6500 in back child support that I haven't filed for yet from Jan (when I moved out of the house) to June (When the court order was issued for child support)
He also owes me almost $6000 in back Retro from Jan to August (When the court ordered the spousal support order. (Which I still have not been getting yet.)

PLease also keep in mind that my soon to be ex makes around $900 a week take home. (Give or take a 100 - 200 dollars - there are times when he can take home 1300 in one week. ) And until the child support order was ordered in June ( I didn't start receiving those payments until the end of August) that the soon to be ex NEVER paid a dime in support for his kids.

He has also gone as long as 78 days without talking to his only daughter. (Which is the saddest thing of all) Refuses to give her anything but lavishes gifts on his boys. One is 16 the youngest is 10.

He has also postponed every step we try to make to get this divorce over and done with... but as soon as we settle one hurdle , there is another one blocking the path... (His latest tactic is telling his lawyer that he wants to file for sole custody of only his youngest child. Which I think is too cruel - He has more or less stated that he wants one child , but not his other ones.)

At the time that the spousal support was ordered my ex husband was also living in the matrimonial home (It was still for sale at that time) He was paying a $100,000 morgage and all the bills relating to the house. Since that day , the house has been sold (the remaining money after morgage and credit card is being held in trust until we do our settlement conference in December. It was set for September but the ex postponed it once again - because they wanted to go over more paperwork that I supplied to them regarding the ex's casino habit) Since the house sold, the ex has been living with his parents, paying no rent, or bills. The only bills he has include his cell phone and his insurance payment.

I am hoping that by December that the orders will be permanent and that the amounts will increase. Since I will only be making about 350 a week at my new job, I am not sure if they will increase it or not.

OMG... I am so sorry for typing so much....lol

Last edited by Fresh Starts; 10-14-2005 at 12:36 AM.
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Old 10-14-2005, 01:51 AM
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Unhappy Money

GVJT - I agree with Jeff. I'm not sure about Austria, but if you are here in Canada you need to get to a lawyer. Under your circumstances you can expect nothing but emotional responses from your ex spouse(s). It will be a costly venture, but it will pale in comparison to what you stand to lose over the longer term trying to do this on your own. I have felt the same guilt and believe me when I say how quickly that disipates once you are on the end of others wanting you to "pay" for the rest of your life.

Unfortunately, divorce and the laws that support it are all about money and nothing else. I have lived the "best interest" and logical circumstances that are prescribed and touted and they are a facade for the Government's continued interest in avoiding any trigger of public funds. If you have ever had experience in our Health Care system (in particular the long term care process) you will note the same undertones.

I would strongly recommend that you read the proposed Spousal Support Advisory Guidelines that are currently available on the Department of Justice website. The authors are looking for feedback by Feb 2006. If you are paying support or will be potentially you will want to make your opinions known.

Best of luck - I do understand.
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Old 10-14-2005, 07:54 PM
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My ex makes $90,000...I make $50,000...2 kids...child support $1109...spousal support $500 indefinitely.

this was from trial...don't know if it is consistent with other cases
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Old 10-14-2005, 08:11 PM
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Quote:
Originally Posted by nikitaforce
My ex makes $90,000...I make $50,000...2 kids...child support $1109...spousal support $500 indefinitely.

this was from trial...don't know if it is consistent with other cases

I imagine your trial must have been expensive, lawyer fees. How long did your litigation last from start to finish?
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Old 10-14-2005, 09:15 PM
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How much spousal support, what a loaded question. I am presently paying my spouse $1200/month as well as paying the loan on the vehicle she took when she left our family. I have had to borrow money to pay F.R.O. at the end of the month. I have custody of the children and still the courts once again prove the gender biased interim ruling. The spousal support guidelines that were released in January are not even endorsed by the Justice Department. According to our Justice Minister we are experiments, my question is who is going to pay to rectify the injustices that the lawyers and courts appear to be supporting. I strongly suggest that we should not be taken advantage of and refuse to be a part of guidelines that are flawed from the first page to the last. According to the guidelines if you were married for 20 years or more the wage earner would be required to pay spousal support for the rest of the spouses life. This is cash for life proposition, which equates to winning the lottery. The proposed guidelines are an attempt to implement a law (case history) without following the proper legislative process. Spousal support should be short-term financial assistance not a ransom. To date my family and I have paid $19400 and we haven’t even stepped foot in a courtroom. I would like to submit that we can never have justice with the present no-fault divorce laws.
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