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What can I expect with respect to Spousal Support?

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  • What can I expect with respect to Spousal Support?

    Is this calculator accurate for Spousal Support with children?

  • #2
    Many have stated here that the calculator was very very close. This goes hand in hand with "average", should you have income or deductions that are not, then the amounts from the calculator would be affected proportionally.

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    • #3
      Originally posted by fingerscrossed View Post
      Is this calculator accurate for Spousal Support with children?
      If you don't understand the complex issues of SS and the "guide lines" and jurisprudence you can expect a long, confusing and painful legal battle.

      Step 1: Establish *entitlement* to Spousal Support.

      If yes. Goto Step 2:
      If no. Goto Step 1 and bring forward an Application to court.

      Step 2: Establish amount in accordance with the Guide Lines.

      If agreed go to Step 3.
      If disagreed to amount goto Step 1:

      Step 3: Pay SS.

      See the cyclic loop for those who are not entitled but keep thinking they are... Always in court.

      Good Luck!
      Tayken

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      • #4
        I'm being told by the lawyers that she is entitled. I'm wondering about what amount to expect. There is already child support set.

        Originally posted by Tayken View Post
        If you don't understand the complex issues of SS and the "guide lines" and jurisprudence you can expect a long, confusing and painful legal battle.

        Step 1: Establish *entitlement* to Spousal Support.

        If yes. Goto Step 2:
        If no. Goto Step 1 and bring forward an Application to court.

        Step 2: Establish amount in accordance with the Guide Lines.

        If agreed go to Step 3.
        If disagreed to amount goto Step 1:

        Step 3: Pay SS.

        See the cyclic loop for those who are not entitled but keep thinking they are... Always in court.

        Good Luck!
        Tayken

        Comment


        • #5
          Also, a spousal support waiver is being offered in exchange for a specific asset. I don't know what the asset is worth at this time. Worth taking....? or wait for the asset number first? It's being offered by the other side not me.

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          • #6
            Originally posted by fingerscrossed View Post
            I'm being told by the lawyers that she is entitled. I'm wondering about what amount to expect. There is already child support set.
            Your lawyer or her's... I assume both as lawyer is plural, however make sure she is actually entitled.

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            • #7
              I shouldn't trust my lawyer either??? Mine said she's entitled too. How do I figure it out?

              Originally posted by Berner_Faith View Post
              Your lawyer or her's... I assume both as lawyer is plural, however make sure she is actually entitled.

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              • #8
                I never said don't trust your lawyer, but you should also be familiar with what entitles one to spousal support.

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                • #9
                  From what I understand its from non-compentsory? Or just the income diffence
                  .
                  Originally posted by Berner_Faith View Post
                  I never said don't trust your lawyer, but you should also be familiar with what entitles one to spousal support.

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                  • #10
                    So, do we have to drag it out?

                    Your income?
                    Her income?
                    Number of kids?
                    Years married?
                    Her age?

                    At least it is non-compensatory, compensatory SS seems like a nightmare. NC SS at least usually comes to an end eventually...

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                    • #11
                      She's been employed, and in a well paying job for years now so I think it's the NC one...

                      Me: 105K Her: 80K
                      3 kids.
                      11 years married, 15 together.
                      she is 36

                      Originally posted by Janus View Post
                      So, do we have to drag it out?

                      Your income?
                      Her income?
                      Number of kids?
                      Years married?
                      Her age?

                      At least it is non-compensatory, compensatory SS seems like a nightmare. NC SS at least usually comes to an end eventually...

                      Comment


                      • #12
                        Originally posted by fingerscrossed View Post
                        She's been employed, and in a well paying job for years now so I think it's the NC one...

                        Me: 105K Her: 80K
                        3 kids.
                        11 years married, 15 together.
                        she is 36
                        Absolutely not! Frankly, no person making 80k should need spousal support unless maybe their ex makes many times that, and got to that point through their spouse's efforts during the marriage.

                        Besides which, she makes nearly what you do, and you are paying her child support.

                        Her claim is ridiculous. Why does your lawyer say otherwise??

                        Comment


                        • #13
                          Originally posted by Rioe View Post
                          Absolutely not! Frankly, no person making 80k should need spousal support unless maybe their ex makes many times that, and got to that point through their spouse's efforts during the marriage.

                          Besides which, she makes nearly what you do, and you are paying her child support.

                          Her claim is ridiculous. Why does your lawyer say otherwise??
                          With an income of 105K you are looking at CS of around $1400 a month or $16800 a year and that only factors in one child. That makes her income $96800 and yours $88200 after CS... Can't see any reason she would be entitled.

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                          • #14
                            Originally posted by fingerscrossed View Post
                            I'm being told by the lawyers that she is entitled. I'm wondering about what amount to expect. There is already child support set.
                            As children we were told the Moon was made of cheese. If you are an unrepresented litigant then you have to remind the other counsel it is their burden of proof to demonstrate entitlement. But, you have to understand the complex issues that surround entitlement. If they demonstrate it you will have to pay SS and you will have to pay costs should they have to get a judge involved on a court action.

                            If you have a lawyer and they are telling you they have established entitlement. Then you should seriously consider moving to Step 3. If you don't like the answer ask another lawyer and see what they say. More than likely if you have a good lawyer... They will instruct you on what will most likely happen and be required.

                            Comment


                            • #15
                              Originally posted by Rioe View Post
                              Absolutely not! Frankly, no person making 80k should need spousal support unless maybe their ex makes many times that, and got to that point through their spouse's efforts during the marriage.

                              Besides which, she makes nearly what you do, and you are paying her child support.

                              Her claim is ridiculous. Why does your lawyer say otherwise??
                              The only reason anyone would ask for SS at this kind of income difference, which would be like 100-200$ a month is to be able to quit their job, persue something else that makes no income and then bring forward a material change in circumstance to have SS increased.

                              To quote a very Honourable Justice in a similar matter for which I sat in at the Brampton Superior Court:

                              "I won't allow it! THAT IS GOUGING! I KNOW EXACTLY WHY YOU ARE ASKING FOR $XXX A MONTH IN SS! SS IS NOT EMPLOYMENT INSURANCE!"

                              Interestingly the justice ordered that the lawyer for the other side have to present the alleged "SS payer" a full release from SS and no ability to EVER come back to court to request SS on any change for any reason.

                              Good Luck!
                              Tayken

                              Comment

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