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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 02-02-2009, 12:55 PM
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Question When can support payments be terminated?

I am paying spousal suppot to my ex-common law wife...She got everything in our separation...the home , (no mortgage) .Car , she has a decent income and has her new fiance living with her now . Is there any way I can stop paying for her lifestyle as I sit broke every paycheque due to a garnish???
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Old 02-02-2009, 01:05 PM
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How long were you commonlaw? How long have you been paying SS? How did she acquire "everything" in the separation? Does the separation state a cutoff date for SS? What is her income compared to your income? Are there children involved?

All of those questions will determine if you can request a change.
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Old 02-02-2009, 01:12 PM
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We were common-law for 14 years..I have been paying $500.00 per month for 2 years now..We had no children...I ran out of money durring the court proceedings , so I basically agreed with what her lawyers wrote up..the SS goes on for another 3 years..I work for a GM dealer as a sales consultant...times are really tough right now in this business
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Old 02-02-2009, 01:25 PM
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So after 14 years together, your house was paid for, and you just gave it to her? Plus $500 month for 5 years? That's crazy.

Has her income changed since the separation? If she's making more money, and you're making less, you can apply for a variance. But if you succumb to what her lawyer writes up again, you'll probably end up paying more for a longer period of time.

Can you get me a deal on the buyout for my Avalanche lease?
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Old 02-02-2009, 01:32 PM
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The house was purchased by her parents while we were together . There was a promissory note written up (was never brought to my knowledge) for the amount that the property was worth . Her brother held the note.
Does the fact that she has been common-law with someone else for the past 2 years not have any effect on the amount I pay???


I can absolutely get you a deal on your buy-out! How many more payments do you have?
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Old 02-02-2009, 01:46 PM
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I don't think it matters that she is living with someone else now. Someone will correct me if I'm wrong.

Spousal support is based on if she needs it, and if she's able to support herself.


I was kidding about the truck. I already turned it in. The buyout was $27,000, the dealer offered it to me for $24,000, the dealership down the road had one for $20,500. I sure miss that truck though.
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Old 02-02-2009, 02:03 PM
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Her living with someone else would count as a material change, however common law doesn't apply until they are living together 3 years or have a child together.

It really depends on your income: if it has dropped significantly and;
Her income: if it's gone up.

However, you can wait out the last year and then apply for variance based on her material change of circumstance.

Check out the following document. The rules for Spousal Support have changed since July 2008. The courts are really being encouraged to follow the guidelines now. In my experience, the courts did follow the guidelines. Our case was thoroughly researched had all of the facts, including the ChequeMate printouts based on both incomes. You can use the guidelines (like the self-sufficiency section) to help build your case.

University of Toronto - Faculty of Law: Faculty Pages
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Old 02-02-2009, 02:45 PM
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Default RE: Support

Hi skyhibryguy,

Any spousal support order should have a time period for review, and ususally has the clause or until either party demonstrates a significant change in income.
I had mine varied on the third anniversary of her cohabitation plus I had to retire due to health. A double whammy for me but support was discontinued.
You are in a difficult field right now and it may be a valid reason to at least go for a variation, or wait out the three years and have the double edged sword of cohabitation and reduced wage and go for complete elimination.
A 25-30% reduction in wages may cause a variation but may not eliminate the spousal unless her income is equal or higher than yours.A motion to vary may be in order at the very least with you providing a financial statement and her having to provide one as well. A starting point.

There are some lawyers you can hire just to fill out the forms and for advice,but you don't have to retain or have them represent you.


Just a thought,
Mcbroke
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Old 02-03-2009, 12:21 AM
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I really think you have a case since she is living with someone. In BC you are considered common law after a year, property division after two years. I would seriously seek a free consultation with a lawyer and ask them. It wouldn't cost a lot to draft a note to end the SS. I'm a woman, and think it's ridiculous you are paying her when she is living with someone..a fiance too....yeesh
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