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General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting. |
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#11
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this is all very helpful,would the SS i give her increasing her yearly earning and lower mine?
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#12
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Yes, spousal support is considered income on the part of the recipient. It is also tax deductable on the part of the payor.
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#13
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she is not considered common law in Ontario until 3 years consectutive have passed, or a child is born into union .....good luck
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#14
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As for the original post - you don't mention the history or income levels, BUT living with a boyfriend, not paying CS, not taking care of the kids half the time, means to me that she has no entitlement to SS whatsoever!! She should be ashamed of herself for living off you, living off her boyfriend, living off her children, and not taking care of her own kids. Last edited by billm; 08-09-2011 at 10:31 PM. |
#15
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You may not NEED the money but there is no reason she can't pay a small amount each month that you can put into RESPs or a savings account for the children's future. |
#16
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The only way it remains enforcible is if they never step foot in court AND the child, when they become old enough to cause an action or finds out they were entitled to the monies, doesn't come back and sue the parents for monies they were otherwise entitled to.....which has happened. CanLII - 2000 BCSC 1252 (CanLII) Quote:
Quote:
Last edited by HammerDad; 08-10-2011 at 09:51 AM. |
#17
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#18
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Child Support - Ministry of the Attorney General Quote:
Obligation of parent to support child 31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2. Contracts subject to child support guidelines (1.1) In the determination of a matter respecting the support of a child, the court may disregard any provision of a domestic contract pertaining to the matter where the provision is unreasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the contract. 1997, c. 20, s. 10 (2); 2006, c. 1, s. 5 (8). Child support guidelines (1.1) A court shall not incorporate an agreement for the support of a child in an order under subsection (1) unless the court is satisfied that the agreement is reasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the agreement. 1997, c. 20, s. 11. Simply put, if you have an agreement where you waive the right to child support and you end up on court for an issue relating to that agreement, for any reason, the court will set aside that provision. FURTHER, lets say you are the NCP and you have an agreement that states you don't have to pay C/S (unless it is one of the reasons I have otherwise spoke about) you are the mercy of the CP bringing you to court and forcing you to pay c/s, notwithstanding your agreement, because the clause is not enforcible/binding as it is contrary to the Family Law Act....and the NCP could be hit with arrears... |
#19
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You can quote all the court cases/legislation you want, but you are ignoring the SIMPLE point I am making. |
#20
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You were wrong and you are holding on to this argument like a dog to a bone. YES, mature, thoughtful, selfless parents who can get along (but then they'd likely still be married, n'est ce pas?) can come to whatever agreement/arrangement they like and everything will be roses and glitter farting unicorns. I dare suggest, though, that in the vast majority of cases this would be a pipe dream. I further suggest that giving advice along these lines is irresponsible, as it opens both parties up to litigation down the road and someone will be caught with their pants down (as it were). Human nature being what it is, and circumstances being subject to change as they are, counting on someone to let you off the hook for CS is folly. As I saw written on here once before... Face it: If she thought you were a swell guy, you'd still be married. I trusted my ex to leave me alone to provide for our kids and it bit me (and therefore our kids) -hard- in the ass. Since then I have spent every dime I had saved and sold every toy I had owned (bye-bye Harley) in order to have The Divorce Industry make her stop. Yeah, we "agreed" to waive CS (I was supposed to be the recipient) in exchange for waiving SS.... THAT lasted until she was in a bad mood one day while her family was concurrently winding her up because the kids were with me. She came after me with fangs and claws and FRO in tow. I bloody near lost everything, including the house. So, yeah, agree to anything you like. Just don't come whining back here when you're picking cigarette butts out of the gutter in front of the soup kitchen.... Cheers! Gary Last edited by Gary M; 08-10-2011 at 11:34 AM. |
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