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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-22-2013, 04:38 PM
sahibjee sahibjee is offline
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Default spousal support - reasonable position

I need some help determining a reasonable position on SS & CS
Here is the Scenario

Married for 3.5 years (42 months) (no prior relationship/cohabitation)
1 child of marriage aged 4 (free child care by city)
Wife worked abroad for about a year during marriage, prior to coming to Canada. did not work in Canada until separation.

Separated Oct 2011, husband paying Spousal & CS, has current arrears of about 3k in total.

Wife made multitude of false allegations causing repeated false arrests (eventually withdrawn by crown) of the husband which lead to an initial employer & doctor advised Short Term Disability leave, persistent poor performance at work due to stress & anxiety and eventual termination by the employer in early March 2013. there was a severance package of 5 months, the husband kept paying CS & SS via FRO until the package ran out in August 2013.


Additional Factors:
1- Husband worked at same job for 7 years and was trained in their niche applications developed in 1980s and needs significant retraining in order to be re-employable.

2- Wife 28 years old, holds a master's degree & a diploma in early childhood education, 11 months after separation (Sept 2012) she found a contract position at minimum wage but quit her job with in a week of the husband's termination

3- Next day from the husband's termination, wife calls his employer's receptionist "to make sure the husband was fired from job" the husband is informed by the receptionist and embarrassed.

4- during July 2013 the husband was communicating with his ex-boss to see if they would rehire him. the wife shows up at the employer's office and demands to talk to husband's ex-boss, she then spreads false rumors that husband is a bad man & is suing her for two billion dollars (whaaat?) the ex-boss told the husband that he will still be bugged by ex-wife and hence no rehiring

5- Husband may get EI before next court date.

what is a reasonable position on CS & SS at a settlement conference coming up in September? the settlement confernce is 60 minutes long!

Last edited by sahibjee; 08-22-2013 at 04:41 PM.
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  #2  
Old 08-22-2013, 04:43 PM
Pursuinghappiness Pursuinghappiness is offline
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Can you secure an affidavit from your ex-boss regarding the slander/harrassment by your ex? That's actually pretty serious especially if you can show damages (ie, lost wages) due to her slanderous conduct.
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Old 08-22-2013, 05:01 PM
sahibjee sahibjee is offline
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Quote:
Originally Posted by Pursuinghappiness View Post
Can you secure an affidavit from your ex-boss regarding the slander/harrassment by your ex? That's actually pretty serious especially if you can show damages (ie, lost wages) due to her slanderous conduct.
I thought about it, and as much as I am sure that my ex-boss may even be willing to do it, i am more than sure that ex will take that affidavit and go back to the office and try to create problems for my ex-boss or have him fired based on such affidavit.

however i do have linked in message from one of the employees informing me that she came by and made allegations of being sued for 2billion. i wonder if i should attach that.
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Old 08-22-2013, 05:03 PM
BitHunter BitHunter is offline
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First I would sue that person who brought me together with this wife.

You should have gone to court immediately when your job was terminated as it is a material change and you should have asked to adjust CS/SS so you didn't get into arrears. Or you did but it took 6-7 month?

I would ask SS from wife for the duration of the re-training based on the imputed income. You will need to pay CS, ask the judge to order you to pay based on the EI/or minimum wage until you get a job after the training.
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Old 08-22-2013, 05:07 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by sahibjee View Post
however i do have linked in message from one of the employees informing me that she came by and made allegations of being sued for 2billion. i wonder if i should attach that.
Is your ex-spouse MAITREYA’ ISIS MARYJANE BLACKSHEAR, THE DIVINE HOLY MOTHER OF ALL IN/OF CREATION’ AND ALL ISIS NATION ESTATES who tried to sue the government of Canada for "one hundred and eight quadrillion dollars"?
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Old 08-22-2013, 05:25 PM
SadAndTired SadAndTired is offline
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Quote:
Originally Posted by sahibjee View Post
2- Wife 28 years old, holds a master's degree & a diploma in early childhood education, 11 months after separation (Sept 2012) she found a contract position at minimum wage but quit her job with in a week of the husband's termination
Sorry to clarify but it speaks to her ability to work.

Either there is education missing in your wife's summary or you are wrong. You do not go from a two year college diploma (ECE) to a master's in anything. Either she also has a university degree or does not have the masters. Are you saying she has a Master's in Early Childhood? From where?

To work as an ECE in Ontario you must be registered with our College of ECEs. Making minimum wage to $12 an hour is not unreasonable.

Last edited by SadAndTired; 08-22-2013 at 05:31 PM.
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Old 08-22-2013, 05:26 PM
SadAndTired SadAndTired is offline
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Quote:
Originally Posted by Tayken View Post
Is your ex-spouse MAITREYA’ ISIS MARYJANE BLACKSHEAR, THE DIVINE HOLY MOTHER OF ALL IN/OF CREATION’ AND ALL ISIS NATION ESTATES who tried to sue the government of Canada for "one hundred and eight quadrillion dollars"?
How is this even useful? Waste of post space for someone needing advice.
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Old 08-22-2013, 05:29 PM
SadAndTired SadAndTired is offline
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Quote:
Originally Posted by sahibjee View Post
however i do have linked in message from one of the employees informing me that she came by and made allegations of being sued for 2billion. i wonder if i should attach that.
I wonder if the email would be considered heresay unless they would be willing to testify on your behalf?

Do you think the ex is mentally ill? Claiming one is being sued for 2 billion dollars is quite bizarre.
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Old 08-22-2013, 05:37 PM
sahibjee sahibjee is offline
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Quote:
Originally Posted by Tayken View Post
Is your ex-spouse MAITREYA’ ISIS MARYJANE BLACKSHEAR, THE DIVINE HOLY MOTHER OF ALL IN/OF CREATION’ AND ALL ISIS NATION ESTATES who tried to sue the government of Canada for "one hundred and eight quadrillion dollars"?
lol she surely thinks I am that person

Quote:
Originally Posted by SadAndTired View Post
Sorry to clarify but it speaks to her ability to work.

Either there is education missing in your wife's summary or you are wrong. You do not go from a two year college diploma (ECE) to a master's in anything. Either she also has a university degree or does not have the masters. Are you saying she has a Master's in Early Childhood? From where?

To work as an ECE in Ontario you must be registered with our College of ECEs. Making minimum wage to $12 an hour is not unreasonable.
All her education is from abroad, Masters in an unrelated field and then the ECE diploma after masters, based on that diploma she "taught" in one of the prestigious institutions back there. i dropped her off several times.

Quote:
Originally Posted by SadAndTired View Post
I wonder if the email would be considered heresay unless they would be willing to testify on your behalf?

Do you think the ex is mentally ill? Claiming one is being sued for 2 billion dollars is quite bizarre.
yes they may say its hearsay because the employee who mailed me heard it from the receptionist. but it does show the fact that she showed up there.
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  #10  
Old 08-22-2013, 05:46 PM
sahibjee sahibjee is offline
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So sorry, i forgot to add very important fact.

In feb 2013 (one month before the eventual termination) the ex made another false phone call to police trying to have him arrested alleging two counts of harassment, police called the husband and stated they wanted to arrest him, eventually no charges were laid but this situation caused great stress and anxiety which expedited some mistakes at work resulting in termination of employment in first week of March 2013

Based on this, I was considering asking the court to terminate the spousal support retroactive to March 1st 2013, terminate all arrears and allow respondent to bring a motion to change final order on CS which is to be based on my new EI income.
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