Spousal Support questions

[HappyMomma]

Hi - I have a few questions about spousal support.

It seems from reading through this forum that it is difficult/rare to claim for spousal support if the lower income earner makes 40% or more of the higher income earner's income. Is that true?

Secondly - if a couple are common-law - how does that affect spousal support? (we have children together and were together for 10 years).

Lastly - my lawyer indicated my ex would have a hard time claiming support at this point because we've already been separated for 2 years so obviously, there was no pressing need. Anyone know if this is accurate?

My ex is trying to claim he left a good job to move to a new city to 'further my career'. This is untrue as I took a pay cut and a demotion to come here. We moved for a better quality of life - we were tired of the expense and stress of living in Toronto and we're looking for jobs in multiple areas. Could this argument fly considering my pay cut and demotion?

Thanks for the help.

[Mess]

The basic formula with children is that you:

• combine your incomes
• deduct taxes paid, as well as deductions like CPP, union dues or payments for health insurance deducted at source
• not all income tax deductions are allowed here, the basic rule of thumb is if it comes off your paycheck; ask a lawyer for more complete explanation
• add any benefits received like CCTB
• any child support paid is deducted from the total but not added in to the recipient's income; it is just removed from the calculation
• calculate 40% of that

Basicly if you earn about $70k and he earns about $40k, you are looking at a total of $110 and 40% is 44k, so it would be a wash at around that ratio.

Being common law doesn't affect spousal support in any way in Ontario.

In general you should believe your lawyer before you believe anything you read from some jackass on the internet. But sometimes lawyers make mistakes. After two years the onus is on him to prove it is necessary, he has an uphill battle but it is not impossible.

As to "could this argument fly" (which came after "lastly", my dear) you have the responsibility to construct an argument that refutes his. You need to write this all up and if possible show factual proof. In general, you should have no problem, but the onus is on you to write a compelling argument and back it up.

[HappyMomma]

The basic formula with children is that you:

• combine your incomes
• deduct taxes paid, as well as deductions like CPP, union dues or payments for health insurance deducted at source
• not all income tax deductions are allowed here, the basic rule of thumb is if it comes off your paycheck; ask a lawyer for more complete explanation
• add any benefits received like CCTB
• any child support paid is deducted from the total but not added in to the recipient's income; it is just removed from the calculation
• calculate 40% of that

Basicly if you earn about $70k and he earns about $40k, you are looking at a total of $110 and 40% is 44k, so it would be a wash at around that ratio.

Being common law doesn't affect spousal support in any way in Ontario.

In general you should believe your lawyer before you believe anything you read from some jackass on the internet. But sometimes lawyers make mistakes. After two years the onus is on him to prove it is necessary, he has an uphill battle but it is not impossible.

As to "could this argument fly" (which came after "lastly", my dear) you have the responsibility to construct an argument that refutes his. You need to write this all up and if possible show factual proof. In general, you should have no problem, but the onus is on you to write a compelling argument and back it up.

Great info, thanks Mess.