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after 8 months of seperation spouse seeking support

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  • after 8 months of seperation spouse seeking support

    I filed bankruptcy 2 weeks ago, and now my ex is filing for spousal support. Here's the breakdown of why I claimed bankruptcy. We had a joint loan that incorporated our new truck, and several personal loans, both hers and my own, plus one to renovate our house. I had taken over the loan, as it always came out of my account. I had asked her many times to go to the bank to split it, so I could sell the truck and refinance. The bank has a policy that would not allow me to sell off the truck leaving that much unsecured on the loan. After 7 months and no money of my own, I had no choice as I had to ask my parents for money to feed my kids when I have them. I pay full tabled child support of $952/month and am going through a bad custody battle. She's trying to take sole custody, I want joint. Now the loan is in her hands and I'm bankrupt. She had an affair, and resides with her boyfriend, and has since about 3 weeks after the seperation. She claimed that our seperation date was 3 months before I actually left the house. She is back to work, but it's only part-time. But, she picks up shifts normally bringing her hours up to just under full-time hours. She does drive a new vehicle now that I have no idea where it came from. The truck has been repossessed as well as my boat too. When it was time for the boat to go, her and her mother held back on possession. The repo man had to go there 8 times to get the boat and the authorities were almost called. They were hostile and beligerant to the repo man who was only doing his job. What are the chances of her getting spousal support and for how long. We have two children and were only married for 2.5yrs. We were together for a total of 3.5yrs. She did work in between kids. I looked up the spousal support guidelines, and they are rediculous, 40% of my net income + my cs, how am I supposed to live? Any ideas from anyone on this would be greatly appreciated. I left the marriage with nothing, and now she's trying to take my chances of starting over, how can I do it?

  • #2

    Sorry to hear about the bankruptcy in your personal matters. Spousal Support generally hinges on means of one spouse and needs of the other spouse with first consideration to support of the children.

    You do have a short term marriage - However there are children involved.

    I would run the spousal support guidelines formulas with each parties respective income and determine the payable amount. Duration can be up until the children finish post secondary school or a material change of circumstance occurs such as a significant change for one of the parties.

    The one benefit is the periodic spousal support is tax deductible where as lump sum would not. Furthermore, CCRA insists that before such could be deducted, it either has to be court ordered or terms of a separation agreement.



    • #3
      thanks lv- here's my predicament. I was forced to move back into my parents house. As is right now, I have no furniture, she has it all. I basically have the clothes on my back and some of my tools. Even the car I'm driving is only worth $500. I am paying full-tabled amount child support and what she is going after is roughly 66% of my net income. So, for me to move on with my life and get my own place, I am looking at starting totally fresh, I need to buy everything except a coffee table and a coffee pot. Do you think the court would allow her to take this much of my disposable income which would cripple me to move on? In her updated statements, she made more false accusations that are easily proven false, and I have some people from the bank and such that could swear statements for me saying how hard I was trying to split up things, would you think that it would even matter? I'm really trying to keep my head up, cause this would sink my ship that was just starting to float right.


      • #4
        Crispy & LV.

        Quote "Spousal Support generally hinges on means of one spouse and needs of the other spouse with first consideration to support of the children"

        In my opinion, some statements LV in the Family Law Act are nothing more then a guideline the real world it's crap.! There are some guys out there that are really really suffering. In Crispy's case if the women does not truthfully disclose her income and you can't proof it otherwise..then the law still remains on the female/wife/mother's side BIG time. In most cases that I have read or have had a chance to chat about if the children remain with the father it's simply not JUST. I don't see (the system) working fairly in both directions.

        Call me bitter..but when it comes to $$$ signs people become ruthless....
        "I am women hear me roar"


        • #5
          Hello Crispy, (again)

          I am sorry things have turned out this way for you. I remember you from when you first started posting, very inocent often talking about things that really don't matter in the crazy crazy world of family law. Of course they things that should really matter but never seem to get taken into consideration.

          Now that she has got your cs money coming in and has established that she is the primary caregiver, status quo has easily set in by now. It is only natural for a person like this to try to get spousal, and I really I mean really hate to tell but there many men, more than you could probably imagine who hand over 60% of thier disposable icome to thier lovely ex wives.

          You file a motion to try to get a judgement to get 1/2 your furniture etc. I did and when I showed up, so did the police, she refused the police agreed with her. I video taped the whole incident, provided the court order to the police and still would not allow me to take my 1/2 of possesions. I did get them second time around, are you willing to pay a lawyer for you "stuff" I did and don't regret it, matter of principle more tha anything elese. Most wouldn't bother.

          So again, she was rude eith repo people = who cares.
          Ahe drives a new vehicle = who cares.
          On and on and on = who cares.

          You earn how much, she earns how much. If you earn more you will pay spousal. Yes on top of child support, only married 2.5 years, you may have a shot in hell of ending it one day.

          Bankrupcy doesn't count for anything in family law, normaly one waits until everthing is settled before doing that, because you ceetainly will have many expenses fighting this ahead of you. As far as having a joint loan coming out your sole account. So what close the account and let the bank come after both of you, in your case you just ley her off the hook, things like that are getting you in trouble.

          I am well aware my words are harsh, but if you have any chance of helping yoour self you need to realize you are not playing on a level playing field.

          I wish you the very best of luck and you will get through this even if you don't see the light right now.


          • #6
            If I'm forced to work for my ex wife by providing her SS for the rest of my life I have no option but to open my on business and show nothing for income. they almost give us no choice but to quit our jobs and move back home. Who wants to work for the other person. My exs has been asking for spousal support for 3 years now, I ask her she would work for me. hand over 55 percent of her income.. I don't have to tell you the answer. it's a disgrace to even claim it. We should all be able to get a job if you put an efford. The law makes it to easy. 1 year should be the maximum one can collect. Just my opinion


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