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spousal support based on projected income?

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  • spousal support based on projected income?

    Can be this be possible? I am a dentist at the beginning of the career, with two young kids. My ex is claiming spousal support based on projected income from info found on the internet. He is earning very good money too. He did not supported me through my equivalency of my degree, I worked full time and had two young kids. I am just disgusted how can he claim this when I supported the family paying the rent, the daycare of the kids, food and clothes and he just run the credit cards on the car that he used to go to work and on sending money to his family.
    Please give me some advice, I am going crazy just thinking of how much and how hard I worked. He has a drinking problem as well.
    What proof can I bring in court and what can I do? We have the trial management in March.

  • #2
    The onus is on him to prove his entitlement. You may want to do a search on this forum regarding entitlement for ss as well as a search on canlii.org on cases where ss was awarded.

    He can say whatever he wants, doesnít mean he will get it. SS is normally to equalize incomes after divorce for the person who sacrificed their career for the other. Like stay at home parents who were out of the workforce or long term marriages.

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    • #3
      Thank you very much for your response. I am reading.

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      • #4
        DISCLAIMER: Advice provided based on limited information poster provided. In another post she said she was not yet a certified board-licensed dentist.

        First of all, the longer you and your spouse can't compromise on an arrangement the more money the lawyers make... in fact, they are counting on the two of you fighting it out so they can increase billable hours on both sides. Hopefully you and your ex, to date, have received timely accurate bills from your respective lawyers so you both know the costs involved in lengthy litigation. If you haven't you should do that immediately.

        SS is not cut-and-dried like child support. Many factors are considered. Length of marriage and age of people is important. Of course his lawyer has blown smoke up his arse and your ex likely truly believes that SS is based merely on difference in income and future earnings. Even 20 years ago when someone put the other person through university to earn an MD or specialist, it was an uphill battle for the claimant.

        Rockscan is correct in that one party has to prove entitlement. Hopefully, you haven't conceded this yet and doled out interim SS. If you have then you have pretty much conceded his entitlement. I can't imagine competent legal counsel caving on that surely?

        While your STBX is gathering information you might want to empower yourself with information gathering of your own. Some things that come to mind would be your man's resume, income tax returns... anything financial. You want to get the most information on your ex's untold, unlimited skills and abilities.... Of course all detailed finances that you can transpose to spread sheets (keeps the judge's reading easy) with corroborating information, is something your competent legal counsel has already instructed you to amass? If you have all the documentation to support your assertions then you should be feeling confident.

        The other part of the plan that competent legal counsel would be advising you of is the unlikely situation where you have to pay a nominal amount of SS. If your ex is currently unemployed do you have rigid requirements in your agreement outlining employment searches? Do you have a specific review date in the agreement? Have you contemplated a step-down approach of weaning your ex from the SS should you have to pay (gradually increasing imputed income)? Finally, have you been counselled about binding arbitration as opposed to trial? You are a professional and you certainly don't need your good name, and divorce details, available for anyone to read. Binding arbitration is private.

        Good luck.
        Last edited by arabian; 02-10-2019, 06:23 PM.

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        • #5
          To make things worse he is self representing. He is employed full time and earning good money. What I want is not to dragg this as you said, the legal fees are high and I just want peace.

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          • #6
            Originally posted by lorely View Post
            To make things worse he is self representing. He is employed full time and earning good money. What I want is not to dragg this as you said, the legal fees are high and I just want peace.


            I get that (the peace part). But as Iíve read before and learned on this board- divorce is a marathon.

            Iím in a similar situation as you - Iím the higher income earner by about 30%, but ex makes over 100k...

            Make a legal budget. Youíre a professional woman with three children. In my opinion- you donít have time to worry about a greedy ex and trying to negotiate yourself. My ex is trying to claim spousal support to try to offset child support- my lawyer nicely told his to fuck off. Basically tell him to fuck off. But one caveat is that my marriage was <5yrs.

            If heís unreasonable- and from the sounds of it- he is, get to court quick. Any delay/ trying mediation etc etc is just going to cost you $$$$.


            Sent from my iPhone using Tapatalk

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            • #7
              Just to clarify: I have two children, on of them with ADD. I am recently licenced in Canada as a dentist, I went through the direct licencing process while working full time. I am very sorry for any confusion I might've created.
              Arabian, please read the other post, I was explaining how I got my licence here.
              Any advice is extremly hepful for me and I appreciate it very much.

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