claiming SS after almost 4 years of being apart

[averytiredman]

Can my ex common law wife come after SS after 4 years of separation? We have shared custody of our 15 year old. She has the house and pays for it her self. I will be giving her back half the mortgage that she has paid if the house is sold and if i sign the whole house over to her we are calling it even. I don't think it is even. There is $48000 in equity in the home, she has all the furniture and is receiving child support. She has re-partnered with a man that makes more than I do and she barely works. She claims to have two jobs ( casual) but she is always home. She enjoys these casual jobs so that she can travel with her live in boyfriend.( florida for a month, then jamaica and grand cayman) She previously worked full time hours, but was considered part time. She was fired from this job and never got a full time job after that..it has been 2 years. We also have a shared debt of approx $17000. I am very frustrated as it seems that I am always the one dishing out...I have no problems paying child support but SS, I don't agree that she needs it. I need to have a life too! Any suggestions.

[Tayken]

Can my ex common law wife come after SS after 4 years of separation?

There are limits on when SS can be claimed after the separation date. On application to the court it is generally two years. So, you are past the limit. I would check with a solicitor but, I think you are in the clear but, SS is the Ouija Board of Family Law. You never know what can be done with the SAG.

I would check with a solicitor though on the 2 year limits. I don't have time to look them up correctly right now against the rules and case law but, I do recall reading this once.

Someone will correct me if I am wrong hopefully.

Good Luck!
Tayken

[Rioe]

Do you not have a separation agreement signed and in place? After four years of separation, it's ridiculous that you have not finished equalization yet, and still jointly own the home and have a shared debt. No wonder you feel you don't have your life back! Get that finished, impute an income on her, and get your life going!

[hadenough]

Definitely read up on the SSAG but I think that it's too late. In my court order there was a case law reference that made mention of the courts discouraging parties letting too much time pass, thereby deliberately racking up high totals (arrears) to be imposed unreasonably on the other party. Ok, so it was worded better than that - I will look it up and quote what the Judge said. I did get SS but only for a 5 year duration and we were actively in Court for 3 years, from beginning to Trial.

[Tayken]

Definitely read up on the SSAG but I think that it's too late. In my court order there was a case law reference that made mention of the courts discouraging parties letting too much time pass, thereby deliberately racking up high totals (arrears) to be imposed unreasonably on the other party. Ok, so it was worded better than that - I will look it up and quote what the Judge said. I did get SS but only for a 5 year duration and we were actively in Court for 3 years, from beginning to Trial.

Judges are wishy washy on SSAG. It all depends on who you get at court.

They need to fix the whole Spousal Support problem in Family Law. The SSGA states one thing, then it counters itself. The case law on SS is a mess too.

Good Luck!
Tayken

[hadenough]

Tayken you're correct _ they are wishy washy on this and definitely it depends on which Judge you get. I'm positive a different judge would have made my ss for a higher amt and my lawyer (and previous lawyer) said the same. Doesn't matter @ the moment though anyway b/c he's not paying it. Since the order was released, he pays only the CS portion of the order. Sending paperwork into Fro this afternoon. They can deal with it.

I agree though: the whole thing needs an overhaul. Fat chance of that happening any time soon.

[averytiredman]

Thank you all for your responses...My separation has gone on way to long. My ex has never agreed to any offer put in front of her. She avoids phone calls from her lawyer so that everything can be put off. The last time we were in court, the judge could not figure out why it hadn't been settled and he left it up to the lawyers to figure it out. I offered many different solutions and every time she said no. The only offer my ex would take was for me to sign everything over plus pay child support, plus i would have to pay all of the debt. I refuse to let her have it all. She is not a very nice women, she is very money hungry. All I want is my fair share and I want to move on with my life. In the last few days I have even had to contact the police because of her harassment - calling, texting, leaving msgs. There has been a trail of police reports for the last 4 years of her doing this. Like I said i just want this done and her to move on but I am very nervous of what she is gonna throw at me this time.