Thread: I am new here
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Old 01-06-2010, 11:47 PM
Mess Mess is offline
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Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

As said there are many factors involved in spousal support. Your wife has to establish that she has first of all an entitlement to support, then it has to be decided how much, and then how long it should be paid.

Your wife is educated and employable with some experience, although not in Canada. She has been out of the workforce for many years. She still has some responsibilitie with your daughter, although at age of 11 your daughter could be considered to not need formal daycare, perhaps just an after school program or if you were able you could take care of her after school etc. Your wife should be considered fully capable of working.

The older method of calculating spousal support is to look at the two person's Net Disposable Income. This would be your income after taxes, after you paid for Child Support, after paying for your child's special expenses (after school care, summer camp, etc) and usually after your basic living expenses (rent, etc).

For your wife it is calculated AFTER she receives Child Support and any government benefits. She also usually would deduct basic expenses like rent.

Then for a simple calculation, her NDI should be brought up to around 45% of yours. This was the figure my lawyer offered me at our first meeting for conversation purposes. Now keep in mind that a judge might use other calculations, but you are asking for a starting point for negotiation purposes, so this is a decent method.

Now, I'm not using a calculator and i don't know all of your expenses but just for conversation, your child support would be somewhere near $300 per month, your NDI currently you say is $2000, her income from all sources is $1100. That is $1400 compared to your $1700 after child support.

Really the spousal support should be $0, but a judge would consider that she has no work experience in Canada. Balance that against the fact she is a recent university graduate and should therefore be capable of applying for jobs. My advice to you, and I am no expert, I am just "some guy on the internet" is that you should offer $100 per month spousal support for a period of 18 months. This would be a very fair offer I think, more than fair and would make you look very reasonable.