Parent who should be paying CS isn't working - use spouse's income?

[nogoingback]

My ex recently filed her financial statement as part of our spousal support review. It was filled with errors and omissions, the most deliberately glaring of which was checking off the box indicating she lives alone, and thereby avoiding the requirement of filling in her common law spouse’s financial contribution to the household income. He has lived with my ex for 9 months, and he works from home. I know that as soon as I raise it, that it will be denied and they will no doubt play games by having him move out for a few days a week. I don’t know how to prove it, but they live just down the street from me. Again, I have nothing against him, but I don't love the idea of indirectly paying his rent. He even owns a house that he partially rents out while living with my ex. I’m not interested in doing something creepy like taking time stamped photos of his car parked beside her house (it is there 24/7). However, it is clear that she is deliberately avoiding full financial disclosure because it will most certainly have an impact on the quantum of future SS and potentially CS. Any suggestions on how to proceed?

[standing on the sidelines]

if he has only lived there for 9 months I don't think they are legally considered common law yet. When you say he partial rents out his house does that mean he still uses it as his residence also...maintains a bedroom there or whatever? I think you may be out of luck on this one. She can just say he stays overnight a lot but doesn't live there on a permanent basis. If he gets mail delivered there then that would be proof that he considers it his residence.

It may affect SS but shouldn't affect CS.

[movingON1975]

if he has only lived there for 9 months I don't think they are legally considered common law yet. When you say he partial rents out his house does that mean he still uses it as his residence also...maintains a bedroom there or whatever? I think you may be out of luck on this one. She can just say he stays overnight a lot but doesn't live there on a permanent basis. If he gets mail delivered there then that would be proof that he considers it his residence.

It may affect SS but shouldn't affect CS.

I was told 3 years of CONTINUOUS common law is required before it effects spousal support in a normal case. No economic hardship, ex not living with warren Buffett, etc....

That being said, if they separate for 2 documented days at 2.99 years, the 3 year clock resets. How ingenious.

This was told to me by my lawyer, a very good pragmatic lawyer. Ex was living with guy making a bit more than me. It was 130,000 vs 115,000 lawyer said relationship wasn't established enough for courts to look to him to support her if relationship ended. Sure enough relationship ended when she stole from him a few months later. Lol

[Links17]

Is your SS compensatory (i.e: long marriage) or non-compensatory?

[movingON1975]

Is your SS compensatory (i.e: long marriage) or non-compensatory?

It is only needs based. It was 8 year marriage.

She didn't try to play the compensatory card, she doesn't not have higher education. She's never made more than 12k a year, pre marriage or otherwise.

He said until she's lived with someone else long enough to make them responsible, I'm on the hook. He described essentially me as her safety net.... He also told me going forward to date in my own economic bracket....


But who knows, with the right lawyers, judge and affidavits one can convince the justices that the sky is actually purple.

[Links17]

God, I feel so bad for you - at least in Quebec they've moved away from the safety net principle. In the last few years they now give spousal support with REVISION DATES that oblige the creditor to take all necessary steps to become independent failing which they lose their spousal support.

I was in an 8 year marriage, and by the time the divorce hearing came up it had been a year and she admitted to making no effort to work and the judge ordered this.

On Sept 2015, spousal support ENDS unless she can prove she can justify the requirement for more. Its still a roll of the dice but at least there is a chance.

He also told me going forward to date in my own economic bracket....

Until through whatever turn of events she falls out of your bracket and you are back at square one again. You're screwed no matter what....

If I were you I'd engage in the private eye business - if you can prove she is lying it might help.

[Links17]

It is only needs based. It was 8 year marriage.

Becareful, unless a judge mentionned this - there is still an aspect of the SS that is compensatory (~50% of the duration of the marriage)

[movingON1975]

Becareful, unless a judge mentionned this - there is still an aspect of the SS that is compensatory (~50% of the duration of the marriage)

Her lawyer didn't even mention it, for what it's worth. But yes I agree the ~50% of marriage. Agree, but don't like.

I was successful in having income imputed to her at 2X what she actually makes.

[movingON1975]

Until through whatever turn of events she falls out of your bracket and you are back at square one again. You're screwed no matter what....

.

Next time, which there isn't going to be, I'd move to a country without a support agreement and never come back. Also, no more kids for me...

[Links17]

They key is to let your kids (son especially) not make the same mistake - at least you can protect him from going through what you went through .

[nogoingback]

if he has only lived there for 9 months I don't think they are legally considered common law yet. When you say he partial rents out his house does that mean he still uses it as his residence also...maintains a bedroom there or whatever? I think you may be out of luck on this one. She can just say he stays overnight a lot but doesn't live there on a permanent basis. If he gets mail delivered there then that would be proof that he considers it his residence.

It may affect SS but shouldn't affect CS.

Yes , it appears that they may have slept in the new house a few times since the house was purchased a few months ago. My daughters have slept there once, and tell me that it is unfinished with unpacked boxes. So you are probably correct that I am screwed trying to pursue this, despite my ex falsely/deliberately indicating that she lives alone.

[Straittohell]

Screwed for the moment, maybe. She can't hide it forever.