Spousal Support 2 years later?

[Dad33]

Hi,

I've just received a letter from my ex's lawyer making a number of requests/demands/threats.

They are asking for my 2008 tax return, and allege that I am earning a different amount of money than what I pay support on. I'm making the payments for my income, so I have no problem providing my return.

He claims that my ex is not working and will soon be on long-term disability, reducing her income and they are now looking for spousal support.

I have a separation agreement detailing custody and child support that has been in effect for almost two years. We have been separated two years.

My questions are:

1) I do know her work has reduced her hours, and she has been working for the past 8 years. There is no reason to go on long-term disability. Should I request documentation of this?

2) Can she request spousal support 2 years after we have separated?

3) Can I request copies of her tax returns or proof of her income?

Thanks as always for any advice provided.

[hc77]

According to one of the govt websites (sorry I cant remember which) it stated that there is no time limit for application of spousal support, however the more time that passes, the greater likelihood that it would be denied. There must be a reasonable explanation as to why they have waited to apply. In my bfs case, his ex is now asking for it over 5 years later (although shes not answering any requests through her lawyer to take him to court so he can fight her! I think she knows she won't get it!).
Why is it that she will soon be on disability? Was this a condition that was existant during your marriage? Has she been approved for disability? I know someone who went through hell for over a year and a half waiting for them to approve her.
Also I read somewhere else during my internet travels that if it goes to court, that a judge will look at each parties finances including money coming in and going out for bills and life expenses and decide if payment is warranted and how much. Some judges base their decisions on need, with the premise that the woman has or will be attempting to become self-sufficient. I can only hope that if my bfs ex ever gets around to taking him to court (apparently she really needs the money!) that he gets that kind of judge since shes got more money to spend than he does! Anyhow, good luck!

[logicalvelocity]

Without knowing the terms of your separation agreement -- It's difficult to comment with respect to the pending spousal support claim.

lv

[Madge]

Does anyone know what the time limit is in Ontario for someone to apply for spousal support, after they've walked out.

I found the following quote.

Canadian-Lawyers.ca - Understand Your Legal Issue - Family Law - Spousal Support in Canada

.....Generally that includes people if they're the parent of a child born of the relationship or lived in a spouse-like relationship ("common-law partner") for a specified period of time, and make their application within the time set out. (There's no time limit to seek support under the Divorce Act.) You need to see what legislation applies if you're not under the Divorce Act.....

[kdham1964]

Based on our experience (my fiance's ex pulled the same stunt):
1) Yes, you can request proof of her disability
2) Yes, she can request spousal support after 2 year, and apparently whenever she wants
3) Yes you can request her income tax returns and proof of income.

Ther is no guarantee that you will get proof and income tax returns, but you should request them.

You will likely go to a Settlement conference, where the judge will determine whether support is warranted. Both parties will need to fill out a Financial Statement (I believe it is Form 13 or 13a, depending on what is being asked for).

The judge will look at all of this, and further conferences may be needed. But please, demand proof of her claims. This may save you some grief, but there are no guarantees.

Best of luck with your case. His ex tried to claim she couldn't work because of depression, yet never tried for long-term disability. She admitted to the judgethat she lied about being depressed when she left him, but he still had to pay her a settlement. I hope your situation works out better,

[dadtotheend]

2 1/2 year old thread.

[JayBon]

Well, been apart for 8 years before she took me back to court. Here we are a couple years later now and still going. I hope the judge enforces the requirement for her to prove why it took so long, but not holding my breathe.