Getting the final order at the interim hearing

[sandro]

Hi, I will be self-representing at a hearing about interim spousal support. I and the plaintiff's lawyer have exchanged six affidavits by now, and it is five months since the divorce was filed, while the marriage was about one year long. I have heard it is possible to get the final SS order at the interim hearing.

Is it true? How do I ask the judge? ("Your Honor, can we have the final order made today?"). What arguments should I make?

If the judge decides only on the interim support (say, 6 months), how long to wait until the court meeting for the final order?

[AnnainOntario]

I say go for it. The worst the judge can say is no. Even a final order for support can always be changed. If you have been given his last 3 income tax returns, it will help determine the amount however, in my case my ex only provided his last pay stub. Spousal support calculations can be difficult to determine, unlike child support. I found this on a website (Law firm in Toronto)....
WITHOUT CHILD SUPPORT MARRIAGES OF LESS THAN 20 YEARS
This the most straight forward formula and it is calculated as follows:
a) determine the number of years the parties have cohabitated;
b) determine the difference in gross income between the parties;
c) calculate the percentage of the difference that will be payable in support by multiplying the length of the marriage by a factor of 1.5 to 2 per cent;
d) apply the resulting percentage to the difference in income.

Although the formula appears fairly cut-and-dried there is, in fact, ample room for variability. For instance, the duration of support is calculated by multiplying the number of years of cohabitation by a number between 0.5 and 1. The range in both amount and duration is determined by a number of factors such as age, illness, whether one party is paying more of the household debts, prior support obligations, presence of a compensatory claim, where for example, one party might have moved his or her residence in order to accommodate the other party's career, etc.

Hope this helps and good luck!

[danb]

no answer...

[billm]

SS for a one year marriage????

[HatesCheaters]

I am at a loss here as well. Spousal support for a one year marriage? Are you kidding? Please enlighten us all on your entitlement.

[HatesCheaters]

Sorry. Too quick on the trigger. Just read your previous posts. Still do not believe that a one year marriage warrants any type of spousal support. Your case is a bit different due to the sponsorship of her here but I would offer cash and a trip home or be prepared for court.