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Old 03-11-2010, 04:17 PM
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NBDad NBDad is offline
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When we first separated my ex was paying me over 1/2 his pay to help cover the cost of our marital home where I still reside. He lost his job but continued to pay child support based on the old salary without much complaint.
So he overpaid you, even though technically he didn't have to. Sounds like he left the marital home, and allowed you to keep it. Technically he's entitled to half the equity in it, as of the date of separation.

Now he has been working again for over 6 months and making good money $65000 but claims he has no money.
He should be at least paying you offset CS based on the new income, though personally I'd say cut him a little slack, especially if he has continued to pay CS based on the prior salary. He probably has at least SOME debt from the duration of his unemployment, where he was paying you full amount of CS even though he wasn't obligated to. (No separation agreement or order for support, therefore he should be paying based on his income, and if he was without work,it was essentially 0)

We share custody of our child 50/50 but now he has told me he wants to stop paying child support because of this, even though I have not income.
Nope, he can't do that. What he *should* be paying (actually if the custody arrangement all along was 50-50 it should have ALWAYS been this way) is offset table amount. (Which in your case equals pretty near full table anyway, especially if you are on some form of income assistance/governement assistance program)

Anyway, I am asking for up to 8 years of spousal support
The requested timeline is pretty accurate. Usually 6months - 1 year per year of marriage, you're asking for the minimum, which seems reasonable to me.

in the amount of $1200 and half of the child guideline support $308 per month for a total of $1508.
CS amount sounds pretty reasonable to me, especially given the fact he DID cut you a break when he wasn't working. Can't really answer the whole Spousal support question. You really need to see a lawyer on whether you qualify or not. They have software that can spit out what you qualify for, if any.

Spousal is meant to bring your Net Disposable Income to within 45% of his. If you are already at that level (including CCTB/UCCB, CS, and whatever other funding would fall into that) then you wouldn't be eligible for it.

There are others on here that may be able to help you get a rough idea, but you'd need to provide some financial data for both yourself and him.

Are you collecting the CCTB/UCCB solely, or splitting it with him 6months-6months?

He does currently have an apartment that he uses only to take our child to, as our child is not suppose to have any contact with this girlfriend, whom my ex left me for. He also shares a nice condo in downtown Toronto with is girlfriend.
Is there a reason for that? Like an actual reason? I don't need details, but if it's just because you don't want her near the kid, and he's agreed to it...then THAT would be unreasonable, and he basically has higher than normal access costs to meet that requirement you've imposed.

Am I being unresonable and is 8 years to long to get back on my feet.
From what I can tell, you are trying to be reasonable about it and are open to try to come to a compromise. The 8 year timeline is pretty standard (assuming 16 years of "actual" marriage, not just common law or whatnot) and you are allowing it to be readdressed if/when you find a job that allows you to not need it anymore.

Not sure what I should do!!
Personally I would say try to get the financials together and speak with a lawyer. Even simply to find out whether you have a case for spousal or not.

You DO have other options if that isn't the case. ie. what kind of equity do you have in the home? If you can't afford the home currently, would your ex be open to allowing you to sell it, and forgoing whatever share he might be entitled to in lieu of no/reduced spousal support payment?

Maybe then you could use some of the funding from the sale of the home to float yourself through school, and use the rest for a downpayment on something more affordable?

Lots of things you CAN do. What you'd be entitled to legally, if push came to shove, you'd really benefit from an hour or so of time with a lawyer. (You should qualify for legal aid if you are on assistance I believe)