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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 05-25-2006, 05:55 AM
fixermannn fixermannn is offline
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Default seperation!!!

Hi I'm new here and would like to clarify a few things I think I understand after reading all the threads in this area and reading the family law act.
I have full legal custody of my 12 year old son from a previous marriage that broke up 7 years ago.I'm recently seperated from my common law girlfriend of 5 years. we own a house in both our names that is currently on the market for sale and also have numerous debts some joint and some personal. I'm the one that ended the relationship by asking her to move out, to which she did. In doing so I trusted her to take what we agreed to and leave the rest. She asked that I not be there as it would be to hard on her to see me there. I agree'd as I made the mistake of trusting her. She cleaned out the house and left nothing but mud on the floors behind including cleaning out my sons room. We had numerous bedroom suites as for the first 3 years her daughter lived with us(she's now 20 and on her own after we paid 26,000 in university tuition + 600.00 a month in rent for her to attend for two years). I say WE paid but I make approx.160,000 a year to her 30,000. She also had a son that stayed with his dad but came to our place every 2nd weekend. Since leaving in mid February she has moved in with another guy but I also have another girlfriend to which I will be moving in with once the house is sold.

Now that you have the background what I'm wondering is can she go after spousal support even though she's living with someone. Also we bought her a harley last year and the loan is in my name but the ownership is in her's. I have possesion of the bike as she can't afford the payments. Will I have a legal problem gaining ownership of said bike? Can she make me turn it over and make me keep paying for it?
She's worked for social services for almost 20 years and has a substantial pension and I've only been with my company for 4 years and have a minimal pension so am I to believe that I could go after half of her's. ( don't get me wrong I don't want to take her to the cleaners even after emptying my sons room). I just want to know what leverage I have if she goes after me for spousal support. I believe I can also go for child support even though I don't get a dime from his real mom as she's useless and allways on welfare (yea one works there and the other collects there, what irony).

My pupose is to force her to pay half of our incured joint debt which would be about 10,000 each after the house is sold, and not have to pay her support in leu of not touching her pension or asking for child support.

Does this sound reasonable? Will the courts agree(if it goes that far)???

Thanks for your time and sorry about the length of this thead!!!

PS My new girlfriend is wondering if my ex could go after anything of her's after I move in with her???
Thanks!!
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Old 05-25-2006, 05:08 PM
logicalvelocity logicalvelocity is offline
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fixermann,

welcome to the forum,

On the issue of Spousal support,

Once you have established 3 year co-habitation, or have a child together and live in a relationship of some permanence, then the question for determining quantum of spousal support is NEEDS and MEANS. It appears you have means and perhaps your ex has need. In determine her need, of course her living expenses are going to factor in. The court would also consider her proportioned share of her living expenses with her new common law relationship and vise versa with your pending relationship. Your ex will have to disclose in a financial statement that party's income and vise versa.

lv
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Old 05-25-2006, 05:34 PM
logicalvelocity logicalvelocity is offline
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fixxermann.

On the issue of child support for your child that have custody;

For the other party to be obligated for child support, you would have to demonstrate, that she acted as a parent to this child. Of course she would also could bring forth an application to access the child and it would be subject to the best interest test whether or not it would be granted.

On the issue of your new gf possessions, they remain free and clear from any claim by your ex. However, if you do reside together, you will have to disclose your new gf's income in your financial form.

If your ex, is not pushing for spousal support, I wouldn't open up the can of worms of spousal support. 10K of her debt to absorb is a deal compared to spousal support.

A rough calculation from advisory guidelines

Your income - her income = difference
160,000 - 30,000 = 130,000

Length of relationship 5 years

5 x 1.5 = 7.5% Low range to 5 x 2.0 = 10% high range

7.5 x 130,000/12 months = 812.50 per month low range
10.0 x 130,000/12 months = 1083.33 per month high range

Duration

0.5 x 5 years = 2.5 years
1.0 x 5 years = 5 years

Even on the bottom end of the range of 812.50 per month for 2.5 years = $24375.00 before tax advantages.

The other thing to keep in mind is that periodic spousal support is tax deductible.

lv
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Old 05-25-2006, 11:32 PM
fixermannn fixermannn is offline
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Default still wondering!!

Thanks for your input but you left out a couple of key points as to whether or not to open the can of worms. The Harley for one. Can she keep the bike and make me pay for it. Also don't forget the 20 year pension which on her last statement was valued at well over 100,000 where as mine is only at approx 11,000.

As far as demonstrating that she was a primary care giver to my son, that is not a problem at all as her work numbers were given to his school and various daycare facilities as the emergency contact. See my base earnings are only approx 70,000 the rest is overtime so you can imagine how much ot I worked. Not to mention he called her mom for over 3 years infront of everyone we know including his doctors and teachers etc.

So going by your numbers(even at the high end) with the child support+pension+debt. This would equate to much more then the spousal support. Does this sound about right or am I missing something???

Also I'm very curious to know the legalities of the Harley(loan in my name-ownership in hers) I don't mind her taking it as I have my own but definatly don't want to pay for it if she does.

Thanks again!!!
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Old 05-26-2006, 06:04 PM
logicalvelocity logicalvelocity is offline
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fixermannn,

There is always more to the story

Definitely the accrued value of the pensions for the time of the relationships should be shared along with Canada Pension Plan Credits and also RSP contributions.

Yes, I do agree it appears she acted as a parent and may be obligated to provide a guideline amount of child support based on her income.

Not sure how much was contributed to her pension but here is a guess with Arbitrarily values of her pension

4% x 30K = 1200 plus
employer contribution at 8% = 2400 (employer contribution is usually 2 x employee's contribution)or
3600/year contribution x 5 years = 18000 over 5 years (Not including interest)

50% accrued pension value in 5 years 18000 / 2 = 9000 in your favor.

I think the value of such big ticket items should be shared such as a Harley especially since the purchase of such was financed. I suspect the bank has a lien on the bike also.

Have you consulted with your ex and put the issues on the table? If anything this would give you an idea where you stand and what course of action to take.

LV
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