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rotor2- 08-08-2011 03:15 PM

her new boyfriend
 
I am looking for some input re my situation,My wife and I have been separated for over a year and a half.I have been paying her spousal support each and every month,it is not court ordered.Doing it as per lawyers advise.She is now moving in with her new boy friend at the end of the month,when will she be considered common law and I wonder how long I should continue with the support.We live in BC and both my children live with me,I do not collect any child support from her.

Rotor!

Linear 08-08-2011 04:18 PM

In our situation, my wife's spousal support ceased the day I officially moved in. However this condition was stipulated in their separation agreement. You won't find any laws that specify your spousal support is now over but this might be a factor in negotiating it's end or "soon to be" end. Your lawyer should be offer some good advice. Good luck.

Linear

HappyMomma 08-08-2011 04:44 PM

Um, why the hell isn't she paying CS?

NBDad 08-08-2011 04:52 PM

I'm assuming she's playing the "poor me" card and using the spousal to live off. Your lawyer needs a good kick in the head. Get her income imputed to full time hours @ min wage for the purpose of spousal/CS determinations.

If the kids are with you over 60% of the time, I'd be paying her spousal LESS the CS allocation and making damn sure it was documented as such in the payment method.

There's no court order right now, so do that and establish status quo. :D

Gary M 08-08-2011 05:40 PM

Dude,

Give your head a shake. Shake it again. Now go find another lawyer.

Cheers!

Gary

rotor2- 08-09-2011 12:39 PM

my fear is that taking it to court I may end up having to pay her more than I do.And what advise do you figure a "new" lawyer will provide?

Thanks All!!!
rotor

PS....what is this all about??.....Get her income imputed to full time hours @ min wage for the purpose of spousal/CS determinations.

HammerDad 08-09-2011 12:51 PM

Quote:

Originally Posted by rotor2- (Post 72619)
PS....what is this all about??.....Get her income imputed to full time hours @ min wage for the purpose of spousal/CS determinations.

What is being said is that your ex cannot have an income of zero as their child is entitled to be supported by BOTH parents. Even if she has zero job skills she is still capable of getting a McJob or serving coffee.

Where you have an ex with marketable skills, you can motion the court to impute their income at a reasonable amount they should be capable of making based off of location and experience. Where they have no skills, as I pointed out, they are still capable of getting a min-wage job.

To sum it up, where you have an ex who either:

a) unreasonably refuses to be employed at a level equal to their skill set; or

b) refuses to be employed entirely (where they have no skills),

you can file a motion the court to request that the court impute your ex's income to either:

a) the amount their skill set could reasonably obtain; or

b) full time minimum wage ($10/h x 2000 hours a year = $20,000 = $172 a month for one child in Ontario.

Edit - once you have an order establishing their income, you can then file it with FRO (or your provinces equivalent) and have her income garnished and should she fall into arrears, she would be subject to the same punishments as any other non-payor.

Mess 08-09-2011 01:02 PM

Just a note, full time in Ontario law is considered 35 hours and up. I've spoken to many of my neighbours in the park when our kids are playing, recent immigrants mainly Chinese. They "work" 8 hours (9-5) but don't get paid for mandatory lunch and breaks so they only get paid for 7 hour days. Most of them are getting minimum wage. After basic deductions (CPP, etc) which are removed from CS calculations, they earn less than $17k.

I agree in general with Hammerdad and it's very nicely written summary and advice but $20k is a bit high to put on court documents.

rotor2- 08-09-2011 03:17 PM

I really appreciate all the info and it is somewhat helpful,but it has turned from my original post about "her" moving in with her new boyfriend and I was wondering if it would play into the spousal support I pay???As far as the child support goes,I dont really need it and will be happy not having to pay her(call me crazy).Would the same formula for the minimum wage be used when calculating SS??

HammerDad 08-09-2011 03:56 PM

Quote:

Originally Posted by rotor2- (Post 72653)
As far as the child support goes,I dont really need it and will be happy not having to pay her(call me crazy).

It isn't a matter of whether or not you need it. It is the entitlement of the child, you have no say in whether or not you receive child support.

I know you are probably looking at severing all ties that you can. But it is in the best interests of the child to be supported by both parents. And in most cases, a court will nullify any clause that waves C/S as it is against family law. There are a few instances where a court will wave the entitlement to c/s, but only generally where the CP moves a substantial distance and the costs associated with the NCP exercising parenting time becomes too much for the NCP to reasonably bare. Or in shared parenting instances where the incomes are substantially the same.

Quote:

Would the same formula for the minimum wage be used when calculating SS??
Yes, it can and should be used in determining spousal support where either spouse is unemployed.


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