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  • Anyone here with immgirant wife and separated?

    Me and my wife separated only few months after arriving in Canada. Marriage was only a year and 4 months old. It was pre-planned to get separated but I kept on ignoring the signals. Can I file for annulment of marriage? Do you know how much is the spousal support calculated and how much I am obligated to pay as I have sponsored her here in this country.

  • #2
    Spousal support will be based on your inome.Since you sponsored her legally you are entitled to support her for 3 years.Its easy to call for annulment in India but in Canada there should be valid reasons only.
    I am guessing you are an Indian (by name) where laws are on sale.But still refer to the ink below if you qualify for an annulment
    Marriage Annulment in the Province of Ontario

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    • #3
      Originally posted by Rao Agnihotri View Post
      Me and my wife separated only few months after arriving in Canada. Marriage was only a year and 4 months old. It was pre-planned to get separated but I kept on ignoring the signals. Can I file for annulment of marriage? Do you know how much is the spousal support calculated and how much I am obligated to pay as I have sponsored her here in this country.
      when you say it was pre-planned to separate do you mean that you married her with the idea you would separate once she was in this country??

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      • #4
        No, what I meant by pre-planned was that it was an arranged marriage and their parents objective was only to send her here for citizenship as they simply changed soon after she landed here

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        • #5
          Do you know how is the spousal support calculated based on income

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          • #6
            Rao,

            I was in a similar situation. Wife and I met in Canada, but I sponsored her and the marriage dissolved after 2yrs. You will be responsible for spousal support and child support (if kids are involved). I was asked to be responsible for 10 years under the old rules, but then a later court decision (arrived through consent) abrogated the spousal support condition on the short length of the marriage.

            So speak to a lawyer. The circumstances of the marriage may merit some consideration.

            all the best - Punda

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            • #7
              Thank you for your response. Do you know if the spousal support is calculated as a percentage of the income and if you know what is the percentage value.

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              • #8
                Rao
                You cannot get marriage anuled in India as it has to be done within 1 year of marriage. You do not have the grounds for annulement in Canada. You can apply for divorce here but will have to pay spousal support. However, such support will be only for few months due to the duration of the marriage. More info is available at http://www.justice.gc.ca/eng/pi/fcy-...f/SSAG_eng.pdf
                As far as supporting her for 10 years is concerned, let she go to court for that. You can always argue that she married you for citizenship and may be get out of it because of short marriage.

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                • #9
                  Excellent link posted by chandra. Thank you.

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                  • #10
                    Rao, hi, I see you asked several times about spousal support percentage of income.

                    Spousal support is usually calculated so that the receiving spouse has their Net Disposable Income brought up to 40-45% of the paying spouse's Net Disposable Income.

                    Net Disposable Income means after taxes are paid, after child support is paid, after any government benefits are received (even GST refunds). It doesn't mean necessarily how much rent you pay, etc but if there are extreme circumstances then a high living expense would be taken into account.

                    The 45% rule applies to those with incomes usually below 6 figures. I forget the exact cut off but as I understand it, over about 150k income and judges use much more discretion and look at things case by case, and not so much by formula.

                    Immigration rules require that a sponsering spouse will support for 3 years. This can be confusing. It has nothing directly to do with Family Law rules for spousal support. It is so she doesn't move here, divorce you and immediatley go on Welfare. 3 years is from the date she enters the country, not 3 years from when you divorce/separate. A family court judge isn't necessarily bound by this rule, but would most likely follow it and decide support until a time of 3 years since she entered the country. I hope I explained that clearly.

                    I hope this information helps you out.

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                    • #11
                      Thank you Mess, it was very helpful. So a SS formula, which includes the number of years, in the case of immigrant wife don't work. So for the 3 years it has to be 40-45% of the income.

                      Has anyone gone through this process in Ontario?

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                      • #12
                        I went through divorce. But we agreed for no spousal support as she was working.
                        I think you should just go ahead with a simple divorce and serve her the divorce notice. If she wants, let she contest it and then you can hire a lawyer. However, it looks like she was only interested in Canadian PR , she got it and hence she will not bother you too much by contesting it.

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                        • #13
                          Rao, I'm not sure I was totally clear about 40-45%. It would bring the spouse up to 45% of his income.

                          So if the wife earned $30k and the husband earned $115k, the spousal support would be $15k per year. This would put him at $100k and her at $45k, exactly 45%. Hope that is clearer.

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                          • #14
                            yes you can post for annulment - if it was planned get her back to where she came from..

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                            • #15
                              deleted due to confusion with SSAG....
                              Last edited by billm; 07-15-2011, 12:49 AM.

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