question about spousal support

[FormFiller]

We are set for trial very soon, but we seem to be very close to a settlement on most of the issues.
One of the outstanding issues is spousal support.
Children live with me, she does not work, she lives with her boyfriend, does not pay child support. She is not asking for custody, is happy for me to retain sole custody, she seem them EOW.
I included a clause in the settlement proposal to say that she would not receive any spousal support and would not make a claim for spousal in the future.
However, her lawyer refuses to agree on that clause, wishing it to state that she will not receive any spousal support "at this time".
The lawyers reasoning is, that as she is developing a physical problem that "may" render her disabled at some point in the future, she might want to file for spousal support later.

My question is, as she pays no child support for the children, and is planning on re-marrying soon, can she come back later and successfully claim spousal at some undetermined time in the future? It doesn't seem fair if she comes back 10 years from now, married to someone else, having paid $0 towards the upbringing of the children. (she states she has no intention of ever getting a job)
Shall I just let them leave the clause as saying "at this time" or let a judge decide on this?

Thank you

[mom2three]

The burden to provide spousal support generally shifts to the other spouse upon remarriage (see Kelly v. Kelly) However, that would be determined on a case by case basis.

My question to you is why are you not asking for an income to be imputed to her for the purposes of child support? She has an obligation to provide for her children regardless of employment.


Put that on the table and see whether she will agree to the clause.

[FormFiller]

There is a clause included that she will provide her tax assessment every year, and a claim for child support can be made later if she does begin working.

[mom2three]

There is a clause included that she will provide her tax assessment every year, and a claim for child support can be made later if she does begin working.

Impute an income now, which you are entitled to do (or ask for if it heads to trial). It's a bargaining chip for you during negotiations.

[Exquizique]

However, her lawyer refuses to agree on that clause, wishing it to state that she will not receive any spousal support "at this time".
The lawyers reasoning is, that as she is developing a physical problem that "may" render her disabled at some point in the future, she might want to file for spousal support later.

You are not responsible for any disabilities or illnesses that is suffered by your ex AFTER separation. If this "physical problem" mentioned by the lawyer was already present while you two were together and you knew about it, then you could possibly be on the hook for spousal for your ex if it turns into something completely debilitating, depending on various factors. Otherwise, that is not grounds for spousal support.

You mentioned that she plans on remarrying soon. Has she been with her present bf for long? Must be a pretty serious relationship to have marriage on the horizon. In that case i would take the position that her soon-to-be new spouse is now responsible for any "spousal support" she may need for the future.

I also agree with the other posters that you should seek to have an income imputed on her and for her to pay child support. Don't waver and give in on ridiculous open clauses for seeking spousal support into an indefinite timeframe into the future, and don't waver on securing child support for your children.

[FormFiller]

Thank you for the advice, it is very much appreciated.
I am reading up on the kelly v kelly case now, and also looking into the imputing income as well.

[billm]

Lives off the system, or another man, doesn't work, nor plans to, doesn't want to be burdened with raising her own kids, doesn't pay child support...hell of of woman!

Now 'her lawyer' says that in the future she may want to sponge off you when she can manage to find a legit excuse not to work, at which point YOU should support her.

How happy must you be to be single from her!!

I would leave the no SS ever clause in. She is already 'lucky' to not be paying CS. You need to protect yourself and your kids from her kind of lazy and entitlement issues.

[FormFiller]

Can someone guide me in the right direction for the wording of a clause to impute her income?
I have been searching around, and I can find numerous references to it, but no actual ways of wording it correctly.
Is it sufficient just to say
"****'s income to be imputed for the purposes of child support payments."?

[NBDad]

As per section 19(1) of the Federal Child Support Guidelines $STBX is to have an income imputed equivalent to full time hours @ min wage, agreed to be XX,XXX/year for the purpose of child support and section 7 calculations.

$STBX will pay to $FormFiller $XXX.XX /month for the minor child(ren) X, Y and Z, which is the table amount as per the guidelines.

$STBX and $Formfiller agree to exchange their Notice of Assessments and all required supporting documentation by June 30 of each year for the purpose of recalculating CS. In the event that either party reports an income LESS than full time hours min. wage, the parties agree that an amount equivalent to full time hours at min. wage will be used instead.

[arabian]

For the purposes of calculating child support on an ongoing basis, the [Defendant/Applicant] income is deemed to be the greater of [$20,000.00 in 2013, $25,000.00 in 2014, $30,000.00 in 2015 - or whatever you want her to be imputed with] or her actual line 150 income.

That each party shall provide the other with a complete copy of their income tax return and any notices of assessment and reassessment received from the Canada Revenue Agency on an annual basisi, on or before June 30th of each year as long as there are children of the marriage as defined by the Divorce Act. In the event that either party has not filed an income tax return for the previous year then that party shall provide the other with copies of his or her T4, T4As and all other relevant tax slips disclosing any and all sources of income, including self-employment income.

[FormFiller]

Thank you both very much.