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  • Ex moving in with Boyfriend

    Hi, I been separated a little over a year now, if my ex wife moves in with her boyfriend will that create any changes in Spousal support payments that i pay her ? and would it not be common law for them after 3 months, would that make any changes for me ? Thanks

  • #2
    Do you have a separation agreement or a court order? Does it state what constitutes a material change in circumstances?]

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    • #3
      Do they have a child together? If they do, then common law happens when they cohabitate.

      If they don't, I thought common law didn't take place until 2 years have elapsed....and even after that, they can argue that they are "roommates" if they have more than 1 bedroom.

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      • #4
        No agreement or court order yet

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        • #5
          Originally posted by Rockingronishere View Post
          No agreement or court order yet
          If there is no agreement, why are you paying spousal support? Is there an interm order for SS?

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          • #6
            They do not have and probably will not have children together

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            • #7
              Like most separation all is well in the beginning, i am giving her just $300, we have 2 children, i have my son and she has our daughter, Now like you never heard this before, she wants more money.

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              • #8
                CRA describes common law as the following...

                Common-law partner
                This applies to a person who is not your spouse (see above), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she: a) has been living with you in a conjugal relationship for at least 12 continuous months;
                b) is the parent of your child by birth or adoption; or
                c) has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.



                See here

                I am not 100% versed on SS, however are there not two different types? One that may end SS if one cohabits and the other it does not matter if they remarry a millionaire, SS stays the same?
                Last edited by Berner_Faith; 11-12-2012, 02:43 PM. Reason: Fix quote

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                • #9
                  Originally posted by Rockingronishere View Post
                  Like most separation all is well in the beginning, i am giving her just $300, we have 2 children, i have my son and she has our daughter, Now like you never heard this before, she wants more money.
                  With no order, I wouldn't be paying her a dime for SS. I would pay offset child support, but not spousal.

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                  • #10
                    HammerDad, I agree with you but i know if it does go to court\FRO i would be paying more than double, i make about 28K more that she does, my little voice tells me that eventually she will want to go the lawyer route, She wanted the separation and 1-2 months later a new boyfriend, I guess she got bored,, just another sad story. On top of that she wanted me to take my son, he is a diabetic type one, requires a strict diet and insulin 2 times a day, she didn't want to deal with that either.

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                    • #11
                      You make $28k more? Unless she makes $0.00, I can't see how she is entitled to spousal support.

                      Unless she sacrificed her career for the family, I cant see a $28k difference in income mean she would be entitled to anything...

                      Here is what MySupportCalculator says (I used some guess for incomes etc)....

                      Child and Spousal Support CalculationNovember 12, 2012
                      IMPORTANT: This calculator performs very simple and basic child and spousal support calculations under Canadian federal law based on limited information provided by the user. This calculator is intended to provide a starting point or “ballpark” figure, to be adjusted in accordance with the many other factors not considered by this calculator that could dramatically affect these results. This is not legal advice; parties are strongly advised to seek the advice of a family lawyer. Some lawyers offer “unbundled” legal services to assist you with a specific part of your case only, such as: preparing a detailed support calculation and analysis; reviewing or preparing court materials; attending at a court appearance; etc. This can be a cost-effective way of obtaining legal assistance when needed.

                      Parties
                      SelfAge35 years
                      Spouse 33 years
                      Annual Gross Employment Income $58,000 - $30,000
                      Province ON
                      Date of Marriage or Pre-marital Cohabitation January 1, 2005
                      Date of Separation January 1, 2012
                      Length of Marriage (including period of pre-marital cohabitation) 7 years
                      Children Current Age Child 5 years
                      Lives With Spouse
                      Child Support - CSG Table Amount
                      Self pays Spouse child support of $527 per month , according to the Child Support Guidelines ("CSG").
                      Child Support - CSG Special Expenses
                      In addition to the CSG Table Amount above, the parties must both contribute to the children’s Special Expenses (eg. child care, medical expenses, extraordinary educational expenses, post-secondary expenses, and extraordinary extra-curricular activities), if any. The amount of each party’s contribution depends on a comparison of the parties' incomes; the party with more income will pay a larger share of the Special Expenses.
                      Spousal Support - SSAG
                      If entitlement to spousal support is established, in addition to any child support to be paid by either party above, Self pays Spouse spousal support in an amount to be determined between $0 and $132 per month (with a midpoint of $0 per month) for a period to be determined between 3.5 to 13 years from the date of separation, according to the Spousal Support Advisory Guidelines ("SSAG") - "With Child Support" Formula.
                      Monthly payments of spousal support are taxable to the recipient and tax deductible to the payor, if made pursuant to a written separation agreement or court order.
                      Last edited by HammerDad; 11-12-2012, 03:10 PM.

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                      • #12
                        know if it does go to court\FRO i would be paying more than double, i make about 28K more that she does, my little voice tells me that eventually she will want to go the lawyer route
                        If she does, and you are paying LESS than offset CS...you'll get hit with arrears.
                        By all means pay her offset amount. (if she refuses to work, you assume she makes full time hours @ min wage or 18-20K/year.)

                        Pay it to her via a documented method (ie. email money transfer is SEXY for this).

                        In the memo field you make sure you put (OFFSET CS for DD/MM/YYYY).

                        Don't call anything spousal....don't even agree to it on a "temporary" basis. Pay CS as you make more, but make sure it's OFFSET given you each have one child with you full time.

                        And file for the CCTB like yesterday.

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                        • #13
                          This is what i get;;;; What do they mean Midpoint of $117


                          Self pays Spouse child support of $251 per month , according to the Child Support Guidelines ("CSG").
                          Child Support - CSG Special Expenses
                          In addition to the CSG Table Amount above, the parties must both contribute to the children’s Special Expenses (eg. child care, medical expenses, extraordinary educational expenses, post-secondary expenses, and extraordinary extra-curricular activities), if any. The amount of each party’s contribution depends on a comparison of the parties' incomes; the party with more income will pay a larger share of the Special Expenses.
                          Spousal Support - SSAG
                          If entitlement to spousal support is established, in addition to any child support to be paid by either party above, Self pays Spouse spousal support in an amount to be determined between $0 and $380 per month (with a midpoint of $117 per month) for a period to be determined between 9.5 to 19 years from the date of separation, according to the Spousal Support Advisory Guidelines ("SSAG") - "With Child Support" Formula.
                          Monthly payments of spousal support are taxable to the recipient and tax deductible to the payor, if made pursuant to a written separation agreement or court order.

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                          • #14
                            NBDad, what do you mean OFFSET CS ?

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                            • #15
                              Originally posted by Rockingronishere View Post
                              NBDad, what do you mean OFFSET CS ?

                              Offset c/s is used where the parents share custody of the kids at least 60/40, or where there are multiple kids (we'll say 2 for ease sake) and you each have custody of one child.

                              Comment

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