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  • common law and spousal/child support

    Hello,

    I am currently in a common law relationship. We both are divorced and each have two children from previous marriages. My spouse has been paying spousal support as well as child support to his ex wife for the last 6 years. They were married for 7 years. I have a full time job and make $80k per year. I receive child support from my ex husband for my two children. My spouse makes $85k per year and is paying $2500 per month for child support/spousal support. His ex wife has a part time job making approximately $15k per year. She is not looking for full time employment because she claims she needs to be home with the children after school (although there are days when her children are with her parents after school because she is working). The ex wife had also previously been in a relationship but has now ended it. Since the end of her relationship she has threatened to get more money from my spouse. My question is: Would my income become a factor in either more child support or spousal support? My spouse moved in with me. I currently pay all the everyday bills of running the household and the house is mine and in my name. One of the reasons we have put off marriage is because we are afraid she can come after my income. Can anyone please share their experiences with something like this? I have researched the internet and I have not found any good examples.
    thanks,

  • #2
    lmbcan,

    welcome to the forum

    Since the end of her relationship she has threatened to get more money from my spouse. My question is: Would my income become a factor in either more child support or spousal support? My spouse moved in with me. I currently pay all the everyday bills of running the household and the house is mine and in my name.

    Your income is not relevant when it it comes to your spouses previous obligation to pay child support. This previous and future obligation is based on your live in spouses income alone. Normally, this amount is calculated by taking your spouses line 150 amount (2005) or if ones income fluctuates taking the last three years (2005, 2004, and 2003) and determining an average amount and comparing against tables which can be found here.

    http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

    The guideline amounts just increased May 1, 2006, so this alone would construe to be a material change to have the current child support varied.

    For a spousal amount, the court could consider your spouses expenses. A 7 year relationship is somewhat of a short relationship. How long has the individual been paying this amount. The big factor for spousal support is first consideration is given to support of the children and the second factor is that the payer has means and the recipient has need.

    You should look at the spousal support advisory guidelines to get an idea of how much spousal support could be paid. The "with children" would be appropriate in your spouses situation. Remember that that the advisory guidelines are not law, but just reference advisory guidelines. More and more courts are referring to these guidelines.

    http://www.justice.gc.ca/en/dept/pub...idelines_e.pdf

    It would be worthwhile to spend an hour or so with a good lawyer such as Jeff to review all the details of your situation.


    lv

    Comment


    • #3
      Thank you for the response. He has been paying spousal support now for a bit over 5 years. In reading the draft if I am understanding correctly he could end up paying spousal support up until his last child completes high school but the amount would reduce each year. When the agreement was drawn up there were no timelines in it as well as there were no review periods stated. I know that each case can be different. Do you know of any examples of how this has worked in the past for other people? Or is there anyone on this forum that has a similiar case?
      thanks,

      Comment


      • #4
        Hi Imbcan,

        In Ontario, there is no time limitation for a recipient to receive spousal support. If spousal support were ordered by the court, the court would definitely include a clause for review in 1 to 3 years time to discuss any decrease or increase in spousal support. This is because incomes can change drastically from year-to-year and, in some cases, the support recipient has a duty to try and become self-sufficient.

        I would personally consider a 7-year relationship short-term, but the court may not agree. I believe that any relationship under 5 years is automatically considered short-term, but anything over 5 years is debatable.

        In reading the draft if I am understanding correctly he could end up paying spousal support up until his last child completes high school but the amount would reduce each year
        Child support and spousal support are two separate issues and where the children are in school should have no effect on the issue of spousal support. It is the children who are entitled to child support, not the ex-wife. It's silly to think that a support recipient should not have to make any attempt to become self-sufficient simply because he/she has children in school, BUT, every situation is different.

        If the children are still young and in, say, elementary school or junior high, your spouse could be looking at another 5 or 6 years of spousal support. That's 13 years total of paying spousal support for a 7-year relationship. This may or may not be reasonable depending on the ex-wife's income during the marriage and whether your spouse maintained an income during the marriage similar to what he brings in now. Also, so many other factors come into play, such as one spouse helping the other advance in their career, one spouse taking on more responsibilities in regards to caring for the children, daily household chores, etc.

        Since your spouse's agreement doesn't have a review clause, I would suggest that he try and speak with his ex-wife about reducing spousal support. If they cannot come to an agreement, your spouse may want to try using dispute resolution (if provided in his agreement). You're correct in saying that each case is different. I agree with LV.. a lawyer will be able to tell your spouse whether it is reasonable that he continue with his spousal support payments for several more years.

        Lindsay

        Comment

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