Great forum, I was hoping for some thoughts and advice on my situation, I couldn't find one exactly like mine.
My ex and I separated in 2010 and she is university educated can earn $75,000 a year but she refuses to work. Our separation agreement states she must use best efforts to find work. She hasn't applied for any work at all, I sent her three emails with job postings to help her find work and she had her lawyer send me a note to stop harassing her and to stop all communication.
She won't grant my divorce and she is asking for more money and our situation has progressed to going to court to settle this problem.
She claims sexual abuse from her step father 35 years ago and she started to seek counseling in March 2011. Now she claims this is the reason she can no longer work. it is true and it is very sad, the good news was the step father pleaded guilty so she didn't have to testify in court. This finished in the summer of 2011.
During our marriage we both worked full time and equally spent time raising two kids, we have shared custody. I was able to have $20k imputed to her however she receives so much child support and spousal support she doesnt need to work at all and can live very comfortably. Now she wants to re-train from her 25 year career to become a social worker which she has started full time school in January 2012 paid for by Ontario government, so all your tax dollars too. Once completed she may make $35,000 which to me doesn't seem like a reasonable plan, she is asking to take 3 years to complete the program full time.
My two questions are as follows.
Does anyone know how to specifically show in court that earning half your salary is not reasonable? I searched CanLii and didnt find anything close to my situation.
I feel like I am paying for the step fathers crime, she won't work because of the trauma of the event. I have much higher child support, section 7 and spousal support payments. This means that I can't save for the kids university or get my life improved financially as well. Does anyone have and legal advise or thoughts about this, it seems to me she should sue her step father for lost income and the court should impute the full $75,000 she is capable of earning.
I should also point out that she volunteers at the kids school, is an active member of toastmasters holding the position of vice president of recruitment, is a board member for a local not for profit company that has about $10million in annual revenue so this is not a small job. She also arranged the annual golf tournament for 300 people. Managed a major $35,000 house upgrade with multiple contractors and Suppliers. also, she owns her own small business and has been running this company to cover all her expenses to write off her mortgage, gas, car, etc. however she only makes $9,000 a year now on tax returns. Also, she was had time to arrange 8 vacations for a week or two over the last 3years.
Tanks in advance everyone. Great forum!
My ex and I separated in 2010 and she is university educated can earn $75,000 a year but she refuses to work. Our separation agreement states she must use best efforts to find work. She hasn't applied for any work at all, I sent her three emails with job postings to help her find work and she had her lawyer send me a note to stop harassing her and to stop all communication.
She won't grant my divorce and she is asking for more money and our situation has progressed to going to court to settle this problem.
She claims sexual abuse from her step father 35 years ago and she started to seek counseling in March 2011. Now she claims this is the reason she can no longer work. it is true and it is very sad, the good news was the step father pleaded guilty so she didn't have to testify in court. This finished in the summer of 2011.
During our marriage we both worked full time and equally spent time raising two kids, we have shared custody. I was able to have $20k imputed to her however she receives so much child support and spousal support she doesnt need to work at all and can live very comfortably. Now she wants to re-train from her 25 year career to become a social worker which she has started full time school in January 2012 paid for by Ontario government, so all your tax dollars too. Once completed she may make $35,000 which to me doesn't seem like a reasonable plan, she is asking to take 3 years to complete the program full time.
My two questions are as follows.
Does anyone know how to specifically show in court that earning half your salary is not reasonable? I searched CanLii and didnt find anything close to my situation.
I feel like I am paying for the step fathers crime, she won't work because of the trauma of the event. I have much higher child support, section 7 and spousal support payments. This means that I can't save for the kids university or get my life improved financially as well. Does anyone have and legal advise or thoughts about this, it seems to me she should sue her step father for lost income and the court should impute the full $75,000 she is capable of earning.
I should also point out that she volunteers at the kids school, is an active member of toastmasters holding the position of vice president of recruitment, is a board member for a local not for profit company that has about $10million in annual revenue so this is not a small job. She also arranged the annual golf tournament for 300 people. Managed a major $35,000 house upgrade with multiple contractors and Suppliers. also, she owns her own small business and has been running this company to cover all her expenses to write off her mortgage, gas, car, etc. however she only makes $9,000 a year now on tax returns. Also, she was had time to arrange 8 vacations for a week or two over the last 3years.
Tanks in advance everyone. Great forum!
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