Announcement

Collapse
No announcement yet.

Do you have to account for how you spend spousal support?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Do you have to account for how you spend spousal support?

    I know you don't have to account for how child support is spent (I Googled). But what about spousal support? Do you have to show "how" you are using it? (I.e., bank statements, etc. .... and is it OK to use it for vacations, for example?)

  • #2
    Simple answer, no you don't have to account for it in any way what-so-ever.

    Comment


    • #3
      Thank you ...

      Comment


      • #4
        No explanation necessary for how you spend it but you do need to declare it as "income" to CRA.

        Comment


        • #5
          Originally posted by HammerDad View Post
          Simple answer, no you don't have to account for it in any way what-so-ever.
          Careful.

          If matters are brought back on a change in circumstance you will have to fill out and swear an affidavit (Form 13) for financials. As part of the disclosure "full and frank" financial disclosure is required.

          A lot of people tend to think they have "privacy" before the court. It is a public system and the Rules have a lot of detailed requirements for financial disclosure. It is always the best thing to not do stupid things with the money.

          For example:

          When living separate and apart but are still legally "married" don't sign up to eHarmony. Why? Well, they require by policy that you have to provide a divorce order or certificate to become a member! So, if you have to disclose your financial records and you don't have a divorce in hand and there are charges to eHarmony it is easy to demonstrate how you are lying to a third party.

          To get an eHarmony account while still legally married (even though living "separate and apart") you would have to flat out lie and say you are single and have no kids basically. Evidence of your willingness to lie to get what you want is clearly outlined in your financial records.

          Credibility is a key element to any argument presented before the court.

          Good Luck!
          Tayken
          Last edited by Tayken; 06-14-2012, 08:04 AM.

          Comment


          • #6
            Good advice - thanks!

            Comment


            • #7
              My ex never provided full and frank disclosure right up to and throughout 2.5 days of trial. He has not paid the "costs" order that he was given 6 months to pay, and short pays CS and hasn't paid one penny of the SS. 5k in "new arrears" so far and FRO (recently on board) says "well we have to give him the benefit of the doubt." As for ALL his lies? For that: he was said to be "vague and inconsistent" "not very credible" - he should have flat out been called a liar. I'm almost considering bankruptcy thanks to his bs and full and frank disclosure. Wonder if that will be a material enough change of circumstance for me when I go back to Court, as I'm sure I'll have to. His unpaid costs order, for starters: I'll be dealing with that next week. Today, the fun of the day is going to see a lawyer re: my few options - one of which is filing for bankruptcy. As was in another post: the Family Courts do little/nothing re: lies and they certainly don't insist on full and frank disclosure.

              Edit: best to use cash (for certain things) if you don't want a detailed itemization of what you did on a bank statement.
              Last edited by hadenough; 06-14-2012, 08:49 AM.

              Comment


              • #8
                Originally posted by Tayken View Post
                Careful.

                If matters are brought back on a change in circumstance you will have to fill out and swear an affidavit (Form 13) for financials. As part of the disclosure "full and frank" financial disclosure is required.
                I was taking the position that she doesn't need to give an itemized list each month of how she spent the spousal support.

                Should she end up back in court and financial disclosure is required, she would have to outline her expenses, but that is an all encompassing amount, meaning income plus spousal support. It isn't just how she spends the support, it is what she does with her income (which would be defined as including spousal support).

                Comment


                • #9
                  Is it just me, or is it obscene that someone who "needs" SS can afford to take vacations?

                  Probably just me, but had to ask...

                  Cheers!

                  Gary

                  Comment


                  • #10
                    It's about time someone mentioned that one, thanks Gary!

                    Comment


                    • #11
                      Originally posted by Gary M View Post
                      Is it just me, or is it obscene that someone who "needs" SS can afford to take vacations?

                      Probably just me, but had to ask...

                      Cheers!

                      Gary
                      Come on Gary, it depends on the circumstances - don't you think?

                      Maybe her SS is not needs based but entitlement based on compensation for example.

                      Perhaps well off former spouse thanks in part to her career sacrifice being a stay at home mom etc.

                      There are lots are situations where SS and vacations are both reasonable.

                      Comment


                      • #12
                        vacation? what's a vacation? To me a vacation is enjoying a glass of wine on my balcony overlooking traffic from a nearby freeway!

                        If someone decides to rent a shit hole instead of a decent place and wants to squirrel their money for a little holiday (in lieu of living in a better place) then good on them.

                        Comment


                        • #13
                          Originally posted by arabian View Post
                          vacation? what's a vacation? To me a vacation is enjoying a glass of wine on my balcony overlooking traffic from a nearby freeway!

                          If someone decides to rent a shit hole instead of a decent place and wants to squirrel their money for a little holiday (in lieu of living in a better place) then good on them.
                          (ahem) And if that someone is also collecting CS?

                          Cheers!

                          Gary

                          Comment


                          • #14
                            Gary the OP was asking about SS and if she has to account for where the money went.

                            I believe that CS should be accounted for as children are a product of two people = mathematics.

                            My response was made based on the assumption that the OP was only receiving SS.

                            Comment


                            • #15
                              I guess a person would need to define "vacation." I recall that taking our son with us for a weekend to Banff or Jasper was very stressful and would consider that a "family outing" rather than a "vacation." Some parents would consider an overnight trip with the school band a vacation. A weekend getaway at a guys fishing hole or a girls weekend at a spa location is a vacation for others.

                              I think we're all "entitled" to some fun in our lives as long as we can afford it and it's not taking food out of the children's mouths so to speak.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X