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  • SS and CS if ex loses job 6yrs after split

    Hi Everybody

    I have read through a lot of older posts and tried to find similar questions. I have found quite a few, but as with every other case, they are all slightly different.

    Situation: married 5 years (split 2002). Two children currently 10 and 8. Salaries are basically equal (~$85K each) and no support paid either way. Children are week on/week off.

    We never signed a separation agreement. Ex was nasty whenever the subject came up, and never pushed for anything so the subject remained dormant.

    New twist - ex might lose her job shortly.

    I read from other postings that there isn't a deadline for SS and CS is covered by law, so am I potentially on the hook for a huge chunk?
    If she wants to move to another province, can she or will it require a legal decision (I do not want to give up the kids)

    Sorry if this is a common question, I did try to research before asking.

    Thanks

    DaveDad

  • #2
    SS is more art than science in family law, and therefore can be quite uncertain for someone on the hook to pay. That said...

    Shorter marriages (five years or less) usually result in a finite duration of spousal support (four or five years would be reasonable).

    The fact that you are both making equal money suggests that there is no need for her to get SS.

    The longer one goes without bringing a claim, the less need there appears to be.

    Doesn't seem reasonable that you ought to be on the hook for SS because she lost her job years after the split.

    From what you say, SS would appear not to be something you should worry about.

    Comment


    • #3
      She has proven that she is capable of maintaining employment of relatively good significance, and has done so for 6 years.
      Generally the rule of thumb for SS is that she must "initiate" a claim within a 1 year period after separation, and then there is no limit on how long it takse to implement or resolve. If she does not initiate a claim then the likely hood of her wining a claim diminishes with every passing year. The fact that she may loose her existing job should not be relevant, since she is highly educated and has the experience; she apparently is quite capable of attaining a new job of some significance as well. You are not a bank where one can go for a loan/money when things get rough just because you were married at one point in history. IF that were the case people would be coming out of the wood work years later looking for support when they fell on rough times or they decided to retire early or they simply decided they no longer wanted to work thinking they had unlimited access to a past spouses income. The law is not written that way, she would have had to initiate a claim within the first year for her to be entitled to SS 6 years later. That didn't happen therefore I feel she is not entitled to a claim for SS.

      Comment


      • #4
        Thanks for the notes. I was pretty sure but wanted to hear others' opinions especially those who have either gone through it or knows the rules around it.

        For child support - neither is paying the other anything as we are balanced in time and income. If her income drops and we both stay at 50/50, does that mean child support might be applicable? I checked the tables, and based on income and such, I would owe a huge amount - far FAR more than BOTH of us spend on the kids now (we use a joint account for child-related expenses). I know that child support is legislated but is that how it works? They take my income and say "you owe this much"?

        Thanks a lot for the insight and advice

        Comment


        • #5
          The thresh-hold for CS is 40/60, so if you have them 41% of the time, then the same holds true for 50/50 and no CS would be ordered if incomes were equal, or relatively equal.

          If either parties income changes significantly then an order for CS may come into play, (the higher earner pays the offset amount if the thresh-hold is met).
          If she has $20,000 less than you, you have shared custody/access, determine the amount she would pay for the kids, then the amount you would pay and subtract the two and the difference is the amount of CS to equalize the household standard of living. But if both parties are happy with things without CS, then why should either take the issue to court to have CS ordered?

          Comment


          • #6
            Sorry - I should have clarified...I was referring to the situation if she loses her job. If her income disappears, she might ask for CS.

            I believe she would be rational and simply talk to me first, and I would help with the expenses related to the children. I just wasn't sure that if she did go to court, if I would be potentially hit with a $1,300 per month CS amount.

            I have the kids Fri - Thu week on/week off so 6 nights out of 14 (57/43).

            Thanks...

            Comment


            • #7
              I do not think she can ask for SS, nor can she ask for an increase in CS if your income has not changed significantly.
              She can however, request that you cover extraordinary expenses related to the children’s education or any activities they are involved with that they normally would participate in had you remained married, and this is relative to income for both parents.

              If she has no income then I would speculate that courts would ask you to cover the costs 100%, but only if doing so would not cause undue hardship for you.
              But if the two of you are civil, then that's a huge benefit, and one the children would certainly benefit from.
              Best of luck to you.

              FL

              Comment

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