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What counts as notice for spousal and child support

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  • What counts as notice for spousal and child support

    Hi everyone,

    I am trying to build a case against my ex husband for retroactive spousal and child support. I know that it only goes 3 years back from date of first notice given but what is considered official notice?

    My original lawyer wrote to his lawyer I needed money and my ex started transferring me a lump sum every month (about 1/4 of what he used to give me when we were together) . Since we have no agreement I don't need to pay taxes.

    The amount of money I'm being transferred is not sufficient. I have told him several times over the last 3 years I need more money via email but his response is to request financial disclosure on my new business from his lawyer. By telling him I need more money would this be considered "notice"?

  • #2
    Originally posted by trueblue22 View Post
    Hi everyone,

    I am trying to build a case against my ex husband for retroactive spousal and child support. I know that it only goes 3 years back from date of first notice given but what is considered official notice?

    My original lawyer wrote to his lawyer I needed money and my ex started transferring me a lump sum every month (about 1/4 of what he used to give me when we were together) . Since we have no agreement I don't need to pay taxes.

    The amount of money I'm being transferred is not sufficient. I have told him several times over the last 3 years I need more money via email but his response is to request financial disclosure on my new business from his lawyer. By telling him I need more money would this be considered "notice"?
    you will have to take it to court to settle the matter. He has given you a certain amount for SS and you accepted it. I think most people would do what he did when confronted with a gold-digger, ignore any personal requests for money. Provide the disclosure the lawyer wants if you want to get the ball rollling. He wants it all done through the courts so he can claim the SS on his taxes and that is the smartest way to do it.

    You do not want to sell the house so why would he just give you more money because you feel that you do not get enough? You put up a roadblock so of course he will do the same.

    Comment


    • #3
      I know that it only goes 3 years back from date of first notice given but what is considered official notice?
      This may no longer be the case with recent Supreme Court decisions.

      Comment


      • #4
        Originally posted by Kinso View Post
        This may no longer be the case with recent Supreme Court decisions.
        What do you mean? Do you mean I can go even further back?

        Comment


        • #5
          Originally posted by Kinso View Post
          This may no longer be the case with recent Supreme Court decisions.

          I was just going to post that! For child support, I do not think that as a practical matter there is a requirement for notice or a 3-year limit anymore. A person is pretty much deemed to know that he or she has an obligation to pay child support and that the amount to be paid is what is set out in the Child Support Guidelines.
          Ottawa Divorce

          Comment


          • #6
            Originally posted by trueblue22 View Post
            What do you mean? Do you mean I can go even further back?

            With all due respect to Kinso and Jeff their answer may not be applicable in this case. You are (again) overlooking some key elements in your case chief among them ENTITLEMENT.

            You may have asked your ex for more money five years ago but you fail to take into account a review of the financial elements of that. You had a pseudo agreement for monthly costs and you werent happy with it. Just because you said five years ago you needed more money does not mean it should have been higher or that you were even entitled. Your ex could come back outlining that you were not entitled to more than what he was paying you based on you quitting your job and/or occupying the matrimonial home. If you arent entitled, it doesnt matter how far you go back.

            What you need to do is stop looking for ridiculous loopholes and provide your full financial disclosure. If your lawyer continues to support your refusal to do so then he should be fired as he is simply making your case worse and costing you more money.

            Comment


            • #7
              Originally posted by rockscan View Post
              With all due respect to Kinso and Jeff their answer may not be applicable in this case.
              It is because they're dealing with cs more than 3 years old.

              You are (again) overlooking some key elements in your case chief among them ENTITLEMENT.
              Entitlement has already been long established, but we're taking cs not ss.

              What you need to do is...
              Stop listening to you.

              Comment


              • #8
                Originally posted by rockscan View Post
                With all due respect to Kinso and Jeff their answer may not be applicable in this case. You are (again) overlooking some key elements in your case chief among them ENTITLEMENT.

                You may have asked your ex for more money five years ago but you fail to take into account a review of the financial elements of that. You had a pseudo agreement for monthly costs and you weren�t happy with it. Just because you said five years ago you needed more money does not mean it should have been higher or that you were even entitled. Your ex could come back outlining that you were not entitled to more than what he was paying you based on you quitting your job and/or occupying the matrimonial home. If you aren�t entitled, it doesn�t matter how far you go back.

                What you need to do is stop looking for ridiculous loopholes and provide your full financial disclosure. If your lawyer continues to support your refusal to do so then he should be fired as he is simply making your case worse and costing you more money.
                My lawyer ran the numbers. My ex is not paying sufficient child support. He's paying the minimum table amount for 2 childen but he makes 3 to 5x that. I need his support and can prove need.

                Comment


                • #9
                  Originally posted by StillPaying View Post
                  It is because they're dealing with cs more than 3 years old.
                  No its not. Shes looking for spousal and has been demanding info on this for a while.

                  Entitlement has already been long established, but we're taking cs not ss.
                  She said ss and entitlement has not been established as she hasnt provided her financial disclosure.

                  Stop listening to you.
                  She hasnt been listening to anyone on this forum but its so nice to see your animosity is still festering. I do love having that effect on a bitter little man.


                  Sent from my iPhone using Tapatalk

                  Comment


                  • #10
                    Originally posted by rockscan View Post
                    No it�s not. She�s looking for spousal and has been demanding info on this for a while.
                    Hmmm... either everyone is wrong, including kinso and jeff, or you're mistaken...again.

                    She said ss and entitlement has not been established as she hasn�t provided her financial disclosure.
                    You speak so much without any knowledge on the topics. Her disclosure would be irrelevant to the already established entitlement. Regardless, kinso and jeff were speaking of cs which is very much relevant.

                    Comment


                    • #11
                      Originally posted by StillPaying View Post
                      Hmmm... either everyone is wrong, including kinso and jeff, or you're mistaken...again.

                      You speak so much without any knowledge on the topics. Her disclosure would be irrelevant to the already established entitlement. Regardless, kinso and jeff were speaking of cs which is very much relevant.
                      I wasnt disputing cs. Kinso and Jeff are correct on cs and the timeline. Ive read the supreme court case and the commentary and it also relates to the payors obligation to disclose.

                      My argument to OP relates to this statement in her post:

                      The amount of money I'm being transferred is not sufficient. I have told him several times over the last 3 years I need more money via email but his response is to request financial disclosure on my new business from his lawyer. By telling him I need more money would this be considered "notice"?
                      Her idea of sufficient may be different than what she is actually entitled to. From previous posts it appeared that her ex was paying full table support plus an amount for spousal. She has also stated she wasnt drawing a salary and believes she deserves more money as her ex makes $500,000 a year and she should have the same standard of living as he does.

                      Comment


                      • #12
                        Originally posted by rockscan View Post
                        I wasn�t disputing cs. Kinso and Jeff are correct on cs and the timeline. I�ve read the supreme court case and the commentary and it also relates to the payor�s obligation to disclose.

                        My argument to OP relates to this statement in her post:



                        Her idea of sufficient may be different than what she is actually entitled to. From previous posts it appeared that her ex was paying full table support plus an amount for spousal. She has also stated she wasn�t drawing a salary and believes she deserves more money as her ex makes $500,000 a year and she should have the same standard of living as he does.
                        My "spousal support" is coming from my ex paying the mortgage and household expenses. I used my support calculator and it says I'm supposed to get nearly 3 to 4x what he's currently paying me for CS.

                        Comment


                        • #13
                          Originally posted by trueblue22 View Post
                          My "spousal support" is coming from my ex paying the mortgage and household expenses. I used my support calculator and it says I'm supposed to get nearly 3 to 4x what he's currently paying me for CS.

                          Again, the amount for spousal may be too much and are your cs calculations based on his annual income previously or his current larger income. Are you also calculating it as full or offset.


                          Sent from my iPhone using Tapatalk

                          Comment


                          • #14
                            So, the ex is paying your mortgage and your househould expenses and supporting the children? What are you doing to support your children and yourself?

                            Comment


                            • #15
                              Originally posted by velas View Post
                              So, the ex is paying your mortgage and your househould expenses and supporting the children? What are you doing to support your children and yourself?
                              going after everything she can from the ex...she has a boyfriend to support you know...

                              Comment

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