I’m wondering where I stand legally on two contentious issues.
First, my ex is rapidly approaching one year of co-habitation with her partner and will therefore be, as I understand it, legally in a common-law relationship. We currently have a SA (drafted by the two of us without legal assistance) that limits the Spousal Support that I agreed to pay at 10 years after separation our separation in 2004 (we were married for 8 years). She has agreed to some reductions in this amount over the past few years, but at the time of our separation she was unemployed. In the past two years she has secured full time employment from which she receives an income roughly equal to 40% of my annual income) and, as I already mentioned, will be in a common-law relationship within a couple of months. Do I have the right to insist that all spousal support should now come to an end in light of these changes in circumstances?
Second, shortly after we separated, my ex moved back to near her home town with our two daughters. At the time they were only a couple hours away and the costs of either travelling to see my girls or having them come to me was reasonable. Now, my employer has moved me to Ottawa and I am now several hours distance away from my daughters. Although we have joint custody (but not equal time) and my ex agrees to pay for half the travel expenses, am I entitled to reduce child support in order to cover my expenses related to their travel?
Over the years we have been able to negotiate financial matters somewhat amicably and without the need for lawyers. However, given the circumstances and the fact that for the first few years I was paying overly excess spousal support (according to the lawyer who completed the divorce), I now feel I should be able to reduce the child support and completely eliminate the spousal support. If she wants to fight me on this issue, I would like to have some assurance that I have some legal rights and precedence in these matters.
Can anyone offer some advice?
First, my ex is rapidly approaching one year of co-habitation with her partner and will therefore be, as I understand it, legally in a common-law relationship. We currently have a SA (drafted by the two of us without legal assistance) that limits the Spousal Support that I agreed to pay at 10 years after separation our separation in 2004 (we were married for 8 years). She has agreed to some reductions in this amount over the past few years, but at the time of our separation she was unemployed. In the past two years she has secured full time employment from which she receives an income roughly equal to 40% of my annual income) and, as I already mentioned, will be in a common-law relationship within a couple of months. Do I have the right to insist that all spousal support should now come to an end in light of these changes in circumstances?
Second, shortly after we separated, my ex moved back to near her home town with our two daughters. At the time they were only a couple hours away and the costs of either travelling to see my girls or having them come to me was reasonable. Now, my employer has moved me to Ottawa and I am now several hours distance away from my daughters. Although we have joint custody (but not equal time) and my ex agrees to pay for half the travel expenses, am I entitled to reduce child support in order to cover my expenses related to their travel?
Over the years we have been able to negotiate financial matters somewhat amicably and without the need for lawyers. However, given the circumstances and the fact that for the first few years I was paying overly excess spousal support (according to the lawyer who completed the divorce), I now feel I should be able to reduce the child support and completely eliminate the spousal support. If she wants to fight me on this issue, I would like to have some assurance that I have some legal rights and precedence in these matters.
Can anyone offer some advice?
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