How long ex has to be married so you don't pay SS

[abuseddad]

Hi,
So ex is getting married soon to her partner who makes way much more than me? When can i file a motion to change spousal support payments?
Does the three year as common law apply?
I know for a fact the partner makes way too much, do i have a leg in court to ask for his T4 review in the motion?
How do i proof it?

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[Berner_Faith]

What does your agreement say as far as SS? Depending on the type of support you are paying, even her remarrying doesn't automatically mean your SS is reduced or ends.

You have no right to access his t4... if you think there is a material change she would have to prove why there isn't, and again, remarrying doesn't always mean a material change

[ross_toronto]

A financial statement is routine in material change of circumstance legal proceedings and includes a sworn statement of spouse/live in partner income. It's not always hugely relevant but it can be a factor.

[arabian]

I believe you asked the same sort of questions before and were told to research on compensatory vs. non-compensatory SS.

You know that going back to court to review your SS would involve examining your original separation agreement. Your ex was sleeping with her psychiatrist going back a few years. If it wasn't relevant at the time of your separation agreement then why do you think it would be relevant now?

You can read up on many cases on CanLii with regards to material change of circumstances for spousal support.

[Kinso]

It depends on the basis as to why SS was ordered originally. Broadly speaking if it's compensatory support, then your claim to terminate/reduce has less strength than if support is needs based.