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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 08-04-2022, 09:28 AM
Krilus Krilus is offline
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Default Spousal and Repartnering

I will try and be brief but here's my situation. Cohabitated with my Ex in 2004 and got married in 2008. Separated as of Jan 1st 2020, both of just remained in the home until Aug 2021 when it sold. I'm military and she is a qualified ECE. We moved a few times during my career and she spent a a few years at home looking after the kids (now 10 & 12). She hasn't worked much in the last few years and my income was the sole income for the family. She started working again part time right before covid but is now working full time.

Last summer she met this guy and moved into his home within a few weeks before our home sale was closed, she is now in a common-law relationship with him. I also have a new partner but we have no plans to cohabitate in the near future. My Ex and I both walked away with 100k from the proceeds of the house sale and I paid off the all family debt and she was suppose to repay me (this was done through mediation and our lawyer for the house sale) once the splitting of the assets was complete, she never repaid me her half.

I had hoped it would have be some what quick and easy through meditation but she broke that off after not getting her way and lawyered up instead.

She now wants $12000 lump sum for spousal support, full child support, even though we are split 50/50 and she wants to keep the full CCB for both kids that she is currently getting. I make 100k a year and she should be making around 40-45k now, though I have yet to receive her financials ever.

I don't know what I do here, I'm already paying almost $1000 /mo for child support and I rent my own place and pay all my own bills while she is likely taking home more money than me now and has next to no expenses.

Will the courts look at or current situations at all or am I just going to get raked over the coals regardless?

Thanks in advance for any advise,

K.
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  #2  
Old 08-04-2022, 12:23 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by Krilus View Post
Will the courts look at or current situations at all or am I just going to get raked over the coals regardless?
Why portray the victim?
If access is 50/50, cs will be offset.
If access is 50/50, CCB will be split.
Your ex did multiple moves for you, stayed home for kids, and makes way less than you. Ss is guaranteed.
All fair and reasonable outcomes - the system isn't punishing you.
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Old 08-04-2022, 10:03 PM
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Tayken Tayken is offline
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Originally Posted by StillPaying View Post
Why portray the victim?
If access is 50/50, cs will be offset.
If access is 50/50, CCB will be split.
Your ex did multiple moves for you, stayed home for kids, and makes way less than you. Ss is guaranteed.
All fair and reasonable outcomes - the system isn't punishing you.
Depends on the math of length of marriage and age of spouse. Usually 2 years for ever year served in the marriage at most if you are under specific age rules. SS is not indefinite in a lot of cases.
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Old 08-05-2022, 11:24 AM
StillPaying StillPaying is offline
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I doubt rule of 65 will apply here. Equalization will handle most of OPs concerns, but ss seems reasonable (obviously not indefinite). $12,000 would be a sweet deal to OP, but obviously comes with risks.
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Old 08-05-2022, 03:43 PM
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Tayken Tayken is offline
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I doubt rule of 65 will apply here. Equalization will handle most of OPs concerns, but ss seems reasonable (obviously not indefinite). $12,000 would be a sweet deal to OP, but obviously comes with risks.
I agree. 12K is a simple !YES! and the paperwork for a full release from SS.
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Old 08-10-2022, 08:55 PM
terryfyde terryfyde is offline
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It sounds like an offer that will not make it to a court order.
She wants 12K AND to receive full-table child support when the kids are not with her >60% of the time and all the CCB.

12K lump sum with a full release that sticks. Do that in a heartbeat.

Once the lawyers get a hold of it how is that going to work and how are they going to get a judge to sign. He will have to say the kids are with her more than 60% of the time. Then when the CS is adjusted what are you going to say? That could open up the agreement and the release isn't worth anything.
Maybe a good no nonsense lawyer will be able to carefully craft this.
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