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  • SS and Repartnering and Obligations to Second Family

    My partner’s ex wife is currently paying to his ex- wife spousal support for now 1 year, based on an interim order. She didn’t file for support until 10 months after she left the marital home and likely did so out of spite (she wasn’t fond of our relationship which began after she left him). She left the martial home 2 years ago in June to live with her current partner (whom she had an affair with, which apparently is irrelevant in all this). He was only married to her for 6 years, common-law for 1 year (so total 7 years together). His income now is higher than it was during the marriage and she is definitely trying to capitalize on that and has said she doesn’t want his money going to me. My partner and I have a child together.

    Question is: does the fact that she has repartnered and lives with this partner for now 2 years at all relevant in this – i.e. in determining continued eligibility, length and amount of a final order? And how much weight on the length and amount of a final order will the fact that he has now obligations to a second family?

  • #2
    Having a new partner and living with that partner greatly diminishes the "need" aspect of SS. However her eligibility is still strongly dependent on how the 6 year marriage affected her career or potential.

    Was she a stay at home mom for the 6 years? For 3 of those years? What's her education? What was her career like both before and during the marriage?

    The fact that your partner has you and a second family unfortunately has no bearing on his previous obligations. Unfortunately it's a shortcoming of family law that second families almost always come second.

    However the fact that the recipient has another person supporting her may definitely affects the "need" component of eligibility. It will not affect the compensatory aspect though.

    Comment


    • #3
      She has a diploma from college. She worked full time (2 jobs) until they had their child. So, she worked 5 of the 7 years. She was on mat leave for 1 year. Than for one year she worked part time to be at home part time with their child (earning 22,000).

      She suggests she owes him because she worked 2 jobs while he went to trade school and supported him. WRONG....he got paid during that time. For 5 of the 7 years she earned 30,000; he earned 20,000 for 1 of the 7 (before he started school so yes she was the "big" earner this year), than he earned 40,000 for 4 of the 7, than 65,000 for 2 of the 7. She is know trying to base her SS needs on his current income which is approx 80,000. When I plug in her income with her partners into the SSAG equations....she isnt eligible for SS because there is no need (i.e. to bring her up to 40percent of his income).

      Personally, I see no need since she has re partnered and her income with her partners combined is in line with the standards of living during the marriage - I don't think she should be able to capitalize on him current income since they have been separated for 2.5 years. In terms of compensation - perhaps for the 1 year she made 10,000 more than him and for the 1 year she worked part time. So a total of 2 years. Thoughts???

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      • #4
        Originally posted by mattine View Post
        .. When I plug in her income with her partners into the SSAG equations....she isnt eligible for SS because there is no need (i.e. to bring her up to 40percent of his income).

        ...
        Where did you plug in the numbers and what numbers did you use?

        Comment


        • #5
          Use of SSAG With-Child Support Formula (see page 76 of SSAG) - I did her income only - and there is a SS range to bring her up to 40 to 46 percent of combined INDI. BUT - for "fun" - I plugged in her income + her new partners - and there is no range - there is no eligibility i.e. no amount as already at 40 to 46 of the combined INDI

          Comment


          • #6
            So your partner has been paying SS for a year already?

            Under what grounds was the interim order for spousal support granted originally? It sounds like she was granted interim SS even though she was living with her new partner at the time. In which case a judge has already ruled on entitlement. What are the details of the order? Is SS to be reassessed based on yearly income disclosure? Fixed dollar amount?

            Interim orders are usually indefinite until a change in circumstance occurs. In any case, for a 6-7 year marriage the expected duration of SS is around 3-3.5 years total.

            Given the situation I would say that offering 2 years is fair, but I would expect it to be more like 3.

            Comment


            • #7
              If the SS is based on "need" then sometimes a new partner's income may be taken into consideration by a judge. But compensatory SS for wages and career set backs is not affected by the new partner.

              I would start by offering the minimum amount for 40% INDI on just her income for 2 years and see what happens. However you should expect it to be the median amount for up to 3.5 years.

              She may also argue it to be paid until their child is in school full time.

              Comment


              • #8
                Why was she granted? Well the moment he took a job out West for a short contract after she left the marital home and started to make a significant amount of $$$, her greed set in and she filed a request for spousal - which was 10 months after she left. She based her request on what he WOULD have made if he continued to work the full contract (he came home after 5 months because he missed his daughter so much and vowed never to do it again) - that was 140,000....compared to her 22000. The judge only ordered interim 500. She wanted a combined SS and CS of 4000/month. So a win I think for him!

                He has offered her a total of 2.5 years of support - starting higher and starting to reduce in Sept this year when her daughter starts school FT.

                She thinks though that he should pay larger and longer because he should pay for her to go back to school. She said the other day - that she should be able to quit her job and him pay her salary for 2 years so she can go back to school. What you think of that??? I said to him she can take that idea and shove it....

                Comment


                • #9
                  Question....what income do you base offer on? 1) Average Income during marriage 2) Highest income during marriage or 3) Current income (separated for 2 years now)

                  Comment


                  • #10
                    I believe the SSAG point to using current income, with disclosure yearly to adjust similar to CS.

                    This doesn't really make much sense considering what SS is supposed to represent, at least in my opinion.

                    I told my ex that my hard work and promotions after our marriage were not for her benefit, and that SS would stay fixed at my income at the date of separation. She agreed to that settlement as long as I pay her until our son is in school full time to which I agreed.

                    Comment


                    • #11
                      Ohhhhh am I ever glad I'm not in the 2nd wives club


                      Search: CanLII

                      See: Bracklow v. Bracklow, 1999 Supreme Court of Canada

                      - Fisher v. Fisher 2008, Ontario Court of Appeal; obligation to the first family take priority over any subsequent obligations.. Nevertheless, the Court has held that "Inevitably new obligations to a second family may decrease a payor's ability to pay support," particularly when the payor has his own children in the second family."

                      Also: MacKinnon v. MacKinnon, 2005

                      * I don't know if any of the above will help shed some light*

                      Comment

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