Child and spousal support questions.

[Krilus]

I've been separated without an agreement almost four years now. I pay CS (2 kids) but my Ex and I disagree on SS. She never made much money during the marriage and I
was the sole income parent for a few years.

She's been living with her current partner for 3 years now and I just found out that she's become pregnant in her mid forties. The issue I have is that she finally started working when we
split and now she's putting her employment opportunities to have another child.

1) Do I now have to pay more because she's intentionally going to be out of work?

2) Does this have any impact on a SS claim?

Thanks again,

K.

[416excouple]

I've been separated without an agreement almost four years now. I pay CS (2 kids) but my Ex and I disagree on SS. She never made much money during the marriage and I
was the sole income parent for a few years.

She's been living with her current partner for 3 years now and I just found out that she's become pregnant in her mid forties. The issue I have is that she finally started working when we
split and now she's putting her employment opportunities to have another child.

1) Do I now have to pay more because she's intentionally going to be out of work?

2) Does this have any impact on a SS claim?

Thanks again,

K.

Stop paying immediately. Spousal support is NOT automatic. You should have stopped paying 3 years ago when she re partnered. Is this being enforced? You must still pay CS - amount depend of time spent with kids and you may be able to input income to her if you have the kids almost equally

[Tayken]

I've been separated without an agreement almost four years now. I pay CS (2 kids) but my Ex and I disagree on SS. She never made much money during the marriage and I
was the sole income parent for a few years.

She's been living with her current partner for 3 years now and I just found out that she's become pregnant in her mid forties. The issue I have is that she finally started working when we
split and now she's putting her employment opportunities to have another child.

1) Do I now have to pay more because she's intentionally going to be out of work?

2) Does this have any impact on a SS claim?

Thanks again,

K.

Don't combine child support and spousal support. They are two different things.

If you are not paying SS now don't volunteer to pay it. There are many factors to determining SS and if you have not been paying and the other party has been living without it for 4 years... you only have 3 more years before it becomes a non-issue possibly. SS requires darts, roulette wheels, magic 8 ball and a Ouija board to determine in your situation. It would require a court order to really determine what, if anything, is owed.

[Krilus]

Thanks for the responses so far. When I said that we disagree on SS I meant that I have refused to pay it and she believes that she is entitled to it (and everything else).

I'm also really concerned about CS payments. This person has finally started working full time the last couple of years and now she's killing any chances of actually having a career.
Am I expected to off set her lack of income because they choose to have another child?

[Asphenaz]

SS requires darts, roulette wheels, magic 8 ball and a Ouija board to determine in your situation. .

Haha, that is a good one... unfortunately accurate too.

You don't have an agreement, or it's not enforced? How were the amounts of CS and SS determined? Online calculator? Is she pushing to go to court to enforce it?

If she isn't trying to get it enforced by the courts, then it's just her hoping and praying you'll do things her way. If she is trying to go thru the courts to recalculate and enforce it, the burden of proof is on her to prove why she needs it now after all this time.

[Tayken]

Haha, that is a good one... unfortunately accurate too.

Funny thing... Its not my quote. Its Justice Quinn's!!!

[158] I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional). [page285]

https://www.canlii.org/en/on/onsc/do...68.html

[donaldD]

I'm also really concerned about CS payments. This person has finally started working full time the last couple of years and now she's killing any chances of actually having a career.
Am I expected to off set her lack of income because they choose to have another child?

I would not stress too much. She was working and has repartnered.
Parental leave is often seen a health thing but she is repartnered.

If you have an order for child support based on her income and yours let them file for the change.