Hello,
Thanks in advance for your help.
I have been reading and searching the forums about entitlement, forgive me if I missed a thread that would have answered my question.
From this forum, I was directed to a CanLII case in which a judge states that the fact of marriage alone does not automatically create an obligation for spousal support. This is a case with no children and a 13 month marraige.
My lawyer is telling me that my ex is entitled because we were married. Today at a mediation intake meeting, again, I was told that my ex was entitled because we were married.
Does length of marriage (12 years) change entitlement. Do children (3) change entitlement? There should be no compensatory claims. If anyone gave anything up to raise the family it was me. (I am the larger income earner). I was the primary caregiver though she claims she was. "he said/she said" as my lawyer states. My mothers affidavit testimony confirming my claim will not be looked at my lawyer states. (she is my mother after all, she is biased).
It gets better. I would take you through the whole timeline but it was 5 years of turmoil and would take too much to write here and too much to read. However, it gets better. (or more complicated).
After going through emails and texts, I created a timeline in regards to child and spousal support. In the past 5 years I have asked for her income disclosure at least 6 times, so that I could adjust child support to the proper amount. She worked full time previously but then after a car accident, she was laid off and worked casual. I have asked to go to mediation a number of times, as well as sent her an email offer (probably won't be seen as a legal offer I know) I began paying child support based on 4 paystubs that were provided to me. After some time I reduced it slightly because she was not contributing to the children's sporting activities and one of our children came to live with me full time. After a couple of years, I sent her an offer over email and put her income at what she made prior to her accident. She didn't correct it. I also have an email from her talking about our s.7 split which lead me to believe that she was making her pre-accident wage.
A few months ago I was served for child support and spousal support, as well as arrears. I finally got her financial disclosure for the past 5 years, and she was making less than I had her calculated at, some years; way less. One year she didn't even work, she just lived off her payout from her lay off.
Well I am freaking out. She is way underemployed but has a good story to go with it. "Lay off", went back to school, plenty of proof of applying to different jobs. Lay off is in quotations because she was laid off yet her old job still exists, it's just being performed by someone else. It's bad enough that the child support is a lot but now she wants spousal and arrears!!!
I'm looking for ideas, case law, experiences.
She did make a claim for spousal in the beginning. We were in court for another motion and the support, including arrears, was adjourned. She was suppose to make another motion with 2 weeks notice but never did. Can someone do that? Hide their income for 5 years, accept the support I am paying without challenging it in court. Only sending the odd email saying you're not paying the tabled amount (though she wouldn't tell me what I should be paying). Not move for spousal support or an adjustment in child support, and then drop the arrears bomb? I thought I was overpaying child support lol. Imagine that.
I did mention that I have a lawyer but I will be self representing soon, I have run out of money and my last bit of retainer went for this mediation I have booked soon. (Pray that we settle and I don't need my lawyer anymore). I'm posting now because I don't have faith that mediation is going to work, if she even goes to the intake. (she has skipped an intake in the past). She is going for the throat. She recently received a settlement of over $100,000 from her car accident. (does that have any impact on spousal support?) I shake my head when I see her driving a new SUV and buying a house and claiming she makes less than minimum wage in a year.
Any ideas would be appreciated. Sorry for the long post. No holds barred, I would like to go into this with a realistic expectation.
I am Aghast
Thanks in advance for your help.
I have been reading and searching the forums about entitlement, forgive me if I missed a thread that would have answered my question.
From this forum, I was directed to a CanLII case in which a judge states that the fact of marriage alone does not automatically create an obligation for spousal support. This is a case with no children and a 13 month marraige.
My lawyer is telling me that my ex is entitled because we were married. Today at a mediation intake meeting, again, I was told that my ex was entitled because we were married.
Does length of marriage (12 years) change entitlement. Do children (3) change entitlement? There should be no compensatory claims. If anyone gave anything up to raise the family it was me. (I am the larger income earner). I was the primary caregiver though she claims she was. "he said/she said" as my lawyer states. My mothers affidavit testimony confirming my claim will not be looked at my lawyer states. (she is my mother after all, she is biased).
It gets better. I would take you through the whole timeline but it was 5 years of turmoil and would take too much to write here and too much to read. However, it gets better. (or more complicated).
After going through emails and texts, I created a timeline in regards to child and spousal support. In the past 5 years I have asked for her income disclosure at least 6 times, so that I could adjust child support to the proper amount. She worked full time previously but then after a car accident, she was laid off and worked casual. I have asked to go to mediation a number of times, as well as sent her an email offer (probably won't be seen as a legal offer I know) I began paying child support based on 4 paystubs that were provided to me. After some time I reduced it slightly because she was not contributing to the children's sporting activities and one of our children came to live with me full time. After a couple of years, I sent her an offer over email and put her income at what she made prior to her accident. She didn't correct it. I also have an email from her talking about our s.7 split which lead me to believe that she was making her pre-accident wage.
A few months ago I was served for child support and spousal support, as well as arrears. I finally got her financial disclosure for the past 5 years, and she was making less than I had her calculated at, some years; way less. One year she didn't even work, she just lived off her payout from her lay off.
Well I am freaking out. She is way underemployed but has a good story to go with it. "Lay off", went back to school, plenty of proof of applying to different jobs. Lay off is in quotations because she was laid off yet her old job still exists, it's just being performed by someone else. It's bad enough that the child support is a lot but now she wants spousal and arrears!!!
I'm looking for ideas, case law, experiences.
She did make a claim for spousal in the beginning. We were in court for another motion and the support, including arrears, was adjourned. She was suppose to make another motion with 2 weeks notice but never did. Can someone do that? Hide their income for 5 years, accept the support I am paying without challenging it in court. Only sending the odd email saying you're not paying the tabled amount (though she wouldn't tell me what I should be paying). Not move for spousal support or an adjustment in child support, and then drop the arrears bomb? I thought I was overpaying child support lol. Imagine that.
I did mention that I have a lawyer but I will be self representing soon, I have run out of money and my last bit of retainer went for this mediation I have booked soon. (Pray that we settle and I don't need my lawyer anymore). I'm posting now because I don't have faith that mediation is going to work, if she even goes to the intake. (she has skipped an intake in the past). She is going for the throat. She recently received a settlement of over $100,000 from her car accident. (does that have any impact on spousal support?) I shake my head when I see her driving a new SUV and buying a house and claiming she makes less than minimum wage in a year.
Any ideas would be appreciated. Sorry for the long post. No holds barred, I would like to go into this with a realistic expectation.
I am Aghast
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