Alimony and cohabitation

[ipodtouch]

This question may seem odd although my husband and I are desperate.

His ex wife has started a motion to increase her spousal support. Long story short, her lawyer claims my husband lied on disclosure about his income (he didn’t). This will effectively increase her support to almost $8000/mos (CS included). The fact is, we can’t afford this, yet her lawyer is relentless in her pursuit (ironically her request comes on the heels of my husband asking to see his child more). She claims he lied on their original order.....5yrs ago and is coming at us now.....

I’m aware that there are laws about discontinuing support if she co-habitates/re-marries, as her financial situation will inevitably change although, is there any chance that if she is co-habitating with family (she has 2 family members that live with her and help with rent), would this also be taken into consideration under co-habitation rules and significant change in her income?

[standing on the sidelines]

if he will be paying 8000 a month in ss and cs then he should be talking to a lawyer. Then the lawyer can have all the information on what was in the court orders etc and be in a better position to advise him.

[rockscan]

First she is going to have to prove he lied in disclosure so you would need to know what she might claim as her evidence. Did he have property? Did he rent? Etc.

Next, the clauses in the agreement will outline what impacts the stopping of ss. Most agreements work out an end date but some don’t. Co-habitation clauses are for spouses. She can rent to anyone without clause.

Finally, he needs to see a lawyer. If its this desperate its worth the $400 an hour for advice.

[North of 40]

Hey there;

My ex tried that when we were determining cc/ss.

I could work on the side fairly easily soooo... they put down huge numbers.

Given that she was going to get fairly decent cc/ss as it was, I balked. I was tired from all the BS but not that tired.

Long story short, I told her and the lawyer...prove it. Costs for a lawyer/accountant to do that, are huge. My ex had already dropped close to 100k on legal fees so thankfully, she gave up. (small win)

I'd push it back on them. AND yes lawyer up.

[ipodtouch]

She (her lawyer) claims his income wasn’t properly reflected in his NOA as he works abroad and the country he works in pays taxes on his behalf so essentially he gets a tax break. All documentation given was truthful and satisfied as per his ex’s offer to settle back in 2016. Now, 3 yrs later, they claim he lied on his financial statement and is trying to increase S.S. by $3000/mos. Just doesn’t make sense. Why now? Only thing we can hypothesize is that it’s in retaliation for my husband asking to excersize his right to increased access. Threat tactic or is there a real possibility that she can convince a judge to award this? It’s ridiculous to assume we can afford this. Who deserves $7000 each month? Not to mention a mother that alienated the father. It’s almost like we are paying her to slander us. 🙄🙄

[Janus]

She (her lawyer) claims his income wasn’t properly reflected in his NOA as he works abroad and the country he works in pays taxes on his behalf so essentially he gets a tax break.

Generally speaking, if you do not pay tax, then your income gets "grossed up" to reflect what you would have to earn in Canada to get that money. It's actually reasonable if you think about it.

Totally made up and wildly inaccurate numbers to follow:

If you make $100,000 in Canada, your net income is about $60k after tax. If you make $100k in a tax free jurisdiction, your net income is about $100k after tax. The support tables assume that income is gross, not net. So, to end up with $100k net, you probably have to make around $140k.

So... if hubby is getting $100k net, then in Canada it will be assumed that his "gross" income is $140k, and he will pay his support on the $140k.

Just doesn’t make sense. Why now? Only thing we can hypothesize is that it’s in retaliation for my husband asking to excersize his right to increased access.

Yes, when a noncustodial parent asks for more access, it is very common for the custodial parent to ask for more money. It does not mean that she will get it, but her actions are not exactly unprecedented in the annals of family law.

Threat tactic or is there a real possibility that she can convince a judge to award this?

You have not provided much information, so hard to tell. Even with full information, it is often hard to tell, spousal support is the wild west of famiy law. A judge could easily agree with the ex wife, or might cut her off completely.

It’s ridiculous to assume we can afford this.

Presumably you can. If hubby is getting 18k per month (hypothetically), then paying 7k would suck, but it would not exactly be "unaffordable".

Who deserves $7000 each month?

Somebody who was married to somebody who has a high income.

For example... should you get divorced... you

Not to mention a mother that alienated the father. It’s almost like we are paying her to slander us. 🙄🙄

Alienation is a big word, that is usually untrue. Your husband is paying support because their marriage was a partnership and the income was generated as part of their joint venture. Whether or not she slanders you is irrelevent. I will note that you seem to be happy to slander her right back. Well, libel, not slander, but close enough

[Karma2016]

What Janus said.

His ex has every reason to ask for more support backdated if his income disclosed was in fact not accurate. Spousal Support and access have nothing to do with each other.