spousal support

[fakemarriage]

question about spousal support

short marriage, 13 months, no kids, no property

my question is :

spousal support is on income, but not against assets ?
or it can be combination of both ?
please advise....

[hopefull]

^

Start with this case law, same 13 months as yours

I have concluded that there should be no spousal support in the circumstances of this case. The case law is clear that the fact of marriage alone does not automatically create an obligation to provide spousal support. Spousal support is essentially compensatory in nature. In the circumstances of this case, in my view the marriage did not affect the economic prospects of either party. There was no economic advantages or disadvantages to the spouses arising from the marriage or its breakdown and there is no economic hardship arising from the breakdown of the marriage.

http://www.canlii.org/en/on/onsc/doc...resultIndex=19

[fakemarriage]

thanks Hopeful,
I know she won't get any SS, but i'm willing pay her $50 to $70 a month without going to court for 6 months..and get rid of this mess from life

but she wants $1500
her lawyer is the one..who's giving her false hopes

[fakemarriage]

Thanks Hopefull, awesome case law...

thanks tons

[hopefull]

...of course she does, considering it's tax deductible. Why would she take 50 or 70? I'll give her zero

To think some people just go round, using this as a retirement plan. Lesson learned here, always gravitate towards someone who earns same / close to your income. Never go way low...it might bite you in the end.

thanks Hopeful,
I know she won't get any SS, but i'm willing pay her $50 to $70 a month without going to court for 6 months..and get rid of this mess from life

but she wants $1500
her lawyer is the one..who's giving her false hopes

[stripes]

What was your spouse doing before you married her last year? Why should she not go back to that? That's what would have happened had you not married her. A thirteen month marriage is nothing - I can't imagine why anyone would be entitled to SS after that short a period.

If you feel sorry for her financial situation, you could offer her a gift of money to help her out - but don't call it SS, or in lieu of SS.

[fakemarriage]

stripes,
i'm not giving her $1500 a month...in this life...

but her lawyer giving my life really tough....

and I been getting biased Judge

[stripes]

Well, just keep saying no to her lawyer. Her request isn't reasonable, and if it gets to court no judge will grant it.

I'm not sure what your question was here. It sounded like you wanted advice on calculating spousal support (income and/or assets?), when really no spousal support seems to be warranted. A financial offer on your part would be nice, but not obligatory.

[arabian]

As others before me have said, spousal support is typically for when someone has been disadvantaged by marriage and when one person assumes a "traditional role" (staying home to raise kids which caused them to fall back or lose their career for example)...

A 1 year marriage is unlikely to result in SS in my opinion assuming you didn't throw her out on the curb so-to-speak.

Some people like the drama that courts provide and have a difficult time getting on with their lives. Recognize it for what it is - extortion. Courts are busy with people who have serious family law issues. I suspect the judge that you feel is so biased is merely trying to teach you and your ex a lesson (and it will be an expensive one if you can't stop the nonsense).

Remember, your ex has to PROVE she is entitled to spousal support. Some might suggest you offer her some money to go away. I wouldn't do that. Self-represent yourself and simply provide some case law - if it goes that far, which I doubt it will.

[ringettteplayer]

From what i have "heard" others will know more, *any* amount towards spousal opens and keeps the spousal support door open. If I were you I would seek advice from a lawyer, it could save you in the long run.
Hope that helps have a good weekend.

[Links17]

Just say no. Unless she is going to be on the street through no fault of her own there is almost no reason. If you putting her back in the state before she was in before and u didn't wreck her career or something then.... not much.

Keep in mind there is a non-compensatory aspect but it wouldnt work here imo

[North of 40]

Morning;

I can't see how she could afford a lawyer. She would have had to pony up the consultation fee (maybe free) and the retainer (5k). Someone is giving her bad advice. OR she's delusional and racking up her credit card.



BTW...to all the Dad's have great Father's Day.

[fakemarriage]

Thanks guys,
Well last I heard she's on legal aid, no surprise to me

yes i'm doing everything self-rep, since there wasn't much to divide from one day and I will keep fighting but I won't give free fortune for anyone.

[sahibjee]

of course legal aid gives wings, do not bend on this one, and even if you go at it yourself be ready to ask for costs, this is a classic frivolous lawsuit

[Tayken]

stripes,
i'm not giving her $1500 a month...in this life...

but her lawyer giving my life really tough....

and I been getting biased Judge

You have to get to trial for an order to be made on support. You really need to hire a lawyer. You are probably putting your own foot in your mouth in every time you appear before a judge. Time to let someone who knows how to structure the argument step in. Even the smell of a lawyer on your file might shut down the other lawyer because it would be a quick phone call to tell the other lawyer they are barking up the wrong tree and they now are on the hook for fat costs... To have the above provided case law read out loud in a court room.

GET A LAWYER!