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  • Spousal support

    I have been following this forum for a while now and found very informative and helpful , so I decided to join and maybe get some opinions on my situation. In separation agreement we agreed on pretty much all issues , child support ,access etc. however my stbxw also wants SS ,marriage lasted 6years ,my income is around 64K hers around 15K but she also owns property overseas from which she collects rent another 4K a year ,but she claims that it is not rented at the moment . Now when it comes to my income I have worked a lot of overtime due to shortage in staffing , without overtime and going just by my regular working hours I make 59K , my question is when calculating SS is OT worked taken into consideration ? or is it based on base salary since OT is not guaranteed ? If I had to pay SS and the OT was not there (most likely all OT will be cut as of next month) I would not have enough money to buy food for myself . Any suggestions?

  • #2
    Yes, OT gets plugged into the SS calculations. It is your total income for the year including investment income.

    You have a significant differential income between you and your ex. The new norm in Canadian family court is not whether SS should be granted but rather it will be granted under most circumstances. In your situation the question will be how much SS and for how long.

    In my view, your duration is between 3 and 6 years. Shoot for three years.

    On quantum, see a lawyer for an hour and plug your income and her income into the Divorce-Mate software. Be sure and get three ranges ( low, medium and high scenarios) printed out for your files.

    Offer the medium scenario and avoid court

    Good luck!

    P.S. if it's any consolation, your not in bad shape with the likely duration of 3 to 6 years ( 3 years being most likely) Also, try and not work so much overtime until SS is determined. Once SS is court ordered it's near impossible to adjust later.

    Comment


    • #3
      Thank you ,also looking at her income and the fact that she is only working part time because she simply does not want to work full time , she just wants free money in my opinion , both kids are at school , she is healthy there is no reason why she shouldnt work full time , if this matter went to court would there be any chance of me avoiding SS ?

      Comment


      • #4
        Also,

        Try and avoid any talk of a lump sum payout for her to sign off SS obligation. The Supreme Court of Canada has ruled SS can be reopened regardless of any prior contract or agreement spelling out quantum or duration.

        You get the tax deduction for monthly payments and she pays income tax on the amount, whereas a lump sum is not tax deductible for you.

        Be on guard for any talk of your ex having mental or physical disabilities either intra-marriage or more importantly pre marriage that you were aware of. An increasingly common legal position is if your ex gets qualified for disability at a later time and is the direct result of a condition you where aware of pre-marriage.

        Conservative leaning judges will put the financial burden on you and relieve the State/Province/tax payor of any obligation.

        Oppose any knowledge of prior health issues with your ex. If this rhetoric appears you now know why!

        Good luck

        Comment


        • #5
          Regarding your 1st paragraph, "spousal support can be reopened at any time regardless of prior contract...". Does this mean that if I have a "proper" SS spelled out in SA (ie. reasonable, she agreed, independent legal advice, full financial disclosure, etc.) that she can come back and demand more SS later ? If so, what's the point in having a SA if its not worth the paper its written on ?

          Could you elaborate WHEN an ex can come back for more SS even though they signed a proper SA ?

          Thanks

          Comment


          • #6
            I thought the whole thing about SS was to provide the other spouse with assistance...some bridging towards their self sufficiency....? Im in the same boat - lots of OT....large disparity in incomes...although she has the education and employment history to make 60K+....am thinking of switching positions to where I am not required to put in as much OT....but I know that I have to pay forward until I get that spot. Am a little sistressed to hear about not providing a lump sum payment because SS can be re-opened down the line sometime...
            ...and when it is mentioned about a known medical history...does minor depression fall into that category?.....and if she plays that depression ting to the limit...could I not seek full custody of the kids for concern of their safety?

            Comment


            • #7
              Originally posted by shellshocked22 View Post
              Regarding your 1st paragraph, "spousal support can be reopened at any time regardless of prior contract...". Does this mean that if I have a "proper" SS spelled out in SA (ie. reasonable, she agreed, independent legal advice, full financial disclosure, etc.) that she can come back and demand more SS later ? If so, what's the point in having a SA if its not worth the paper its written on ?

              Could you elaborate WHEN an ex can come back for more SS even though they signed a proper SA ?

              Thanks
              Recent case (it was a couple years back so my recollection won't be completely accurate) where the ex-wife either:

              a) came back after the ex-husband for spousal support like 10-12 years after his final payment in accordance with their divorce order; or

              b) got lifetime ss after a short marriage.

              Mind you, there were mitigating factors, like the income of the ex-husband was relatively high, and the ex-wife was disabled.

              I can't recall the entire nature, but that was the jist.

              Comment


              • #8
                If your ex spouse is staying underemployed to leach SS from you than absolutely articulate that in negotiations and if need be in court. Demand an occupational assessment if need be.

                Always remember, appearing in court is fraught with risk. A skilled lawyer will can spin a judges ahead around faster than Linda Blair.

                If any party claims a material change in circumstances since the last order the matter will be heard once again. Another stranger (judge) will determine the merits and rule once again! Remember family court is civil court and the 'balance of probability' is the filter not ' beyond a reasonable doubt' in criminal court

                A reasonable agreement with SS has good inertia.

                Think of your SS agreement or court order as a large rock in the middle of your front yard. If it is reasonable given the circumstances and is accordance with Divorce-Mate and the SS guidelines, it will take someone a lot of effort to move that rock. It's not impossible to move but probability wise ....unlikely.

                Comment


                • #9
                  HammerDad,

                  How do you paste a prior poster words/quote into a reply? I can't seem to figure this out. Thanks

                  Comment


                  • #10
                    Originally posted by staysingle View Post
                    HammerDad,

                    How do you paste a prior poster words/quote into a reply? I can't seem to figure this out. Thanks
                    Click "Quote" instead of "Reply"

                    Comment


                    • #11
                      ...and when it is mentioned about a known medical history...does minor depression fall into that category?.....and if she plays that depression ting to the limit...could I not seek full custody of the kids for concern of their safety?[/QUOTE]

                      Not minor depression. If any illness is being treated properly and the impact on parenting is minimal than this , rightly so, be a concern for custody disputes.

                      Any illness can be argued for its impact to earn a living/income.

                      Comment


                      • #12
                        Originally posted by HammerDad View Post
                        Click "Quote" instead of "Reply"

                        I think I'm getting it

                        Comment

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