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Old 11-25-2020, 12:47 PM
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Originally Posted by DavidMills View Post
I am concerned about listing too many specific facts in this forum due to privacy concerns.
Hopefully your name is not David Mills then .

Might want to consider starting an anonymous profile.

My ex common law spouse and I were together for 14 years

We have been separated for 10 years .
Do you have a separation agreement? What does it say about spousal support? What have you been paying in spousal support for the last 10 years?

We have joint custody, but she has more access.
Do you have less than 40% parenting time?

When we were in our common law relationship. we co-parented, and she took no more that the year maternity leave granted by the Province per child. She did not sacrafice any of career/financial opportunities for the family.
Seems like she took at least 2 years off from her job. Might be presumptuous to assume that this had no impact.

Also, since it sounds like you have been paying spousal for the last 10 years, it sounds like you agreed (10 years ago) that she was in fact due compensation for her losses incurred during the marriage.

I want to be fair, but I would also like to have a sense of what the law may interpret as being fair.
It sounds like it will depend quite a bit on what it says in your separation agreement about spousal support.

If I had to bet, I would say that she has almost no chance of having it increased, with the caveat that if you have a lousy agreement you could be stuck paying it.

Also, if you have less than 40% parenting time, and she is broke, the courts might make you pay anyway, even if it would be otherwise unfair.

D. Mills
Sure thing "D" mills. I like how you cleverly changed "David" to "D" in order to keep it anonymous.
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