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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-21-2006, 06:16 PM
gooddadgoingmad gooddadgoingmad is offline
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Default Confused about post separation salary and spousal support

Hi all

I'm back to the same topic again and it's simply that there seems to be no answer to my questions regarding spousal support and the concept of standard of living.

I'll try again! lol

The last three years of my income tax (which are from when I was still with my wife) show an average annual income of approx. $30,000. About 9 months AFTER we separated I took a job making triple that. How is it possible that she should get spousal support based on my new, post separation salary?

If she is indeed entitled to share in my good fortune then wouldn't this mean that, hypothetically speaking, if I suddenly started making $500,000 next year, then she could go back to the court to adjust her spousal support based on that amount?

Does anyone understand what I am getting at here? Ha!

In my mind, she should only get spousal support based on the last three years of my income while we were together. Don't you think?

Arg! I know it's only fair....but then again, who said anything about the laws are fair. However, it is also common sense as far as I'm concerned. This woman refused and still refuses to work. If she gets her spousal support award based on my new salary, she will be living a better standard of living then when we were together. Of course she won't try to get a job! Who would when they don't have to do anything and they still get a comfortable income.

I'm so, so frustrated!
  #2  
Old 02-21-2006, 07:35 PM
Jenny Jenny is offline
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The same concept would benefit you if you were making less - would you want to have to pay based on you making 90 000 while you were really only making 30 000??

If she started earning tons of money would you still want to pay "because the last 3 years show she made little"?

Support is based on CURRENT information. The 3 years really just shows a pattern of earnings from what I know.
  #3  
Old 02-21-2006, 07:41 PM
Jenny Jenny is offline
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btw I would hardly call $1400 a month partially taxed ( from your previous posts) for a family of 2 comfortable ANYWHERE in the country - maybe Newfoundland is some mystical place where you can live like a king on that - but I would be surprised.If that is the case - Maybe you should move back there- you would be able to live quite well on welfare and you would get out of paying any support.
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Old 02-21-2006, 08:20 PM
gooddadgoingmad gooddadgoingmad is offline
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Nice Jenny...real nice.
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Old 02-21-2006, 08:45 PM
Jenny Jenny is offline
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so what are you saying - obviously you don't agree with me? do you just want someone to agree with you? or what? I know this sounds harsh and isn't what you want to hear.

I am stating the obvious - if is so affordable to live in nfld and you were making 30 000 a year before and you say she will be living easy on the 14 000 she would be getting from you. Are you saying the 30 000 in Nfld is the same as 96 000 in the north?

Would you want it to be based on you making 95 000 a year if you do move back and start making 30 grand a year again? You can't have your cake and eat it too.

I mean I don't know the formula for figuring out spousal support with children and frankly there are too many factors - that you need a computer program to figure it out. BUT you realize that if you didn't have children just the differences between you two would amount to at least 22, 000 a year in spousal support. Typical range would be 8.5 years- 17 years.

http://www.justice.gc.ca/en/dept/pub...ect/5.html#5.1

Personally I think it is terrible that you are whining about paying 375 bucks ( after tax) a month in support to your wife who is on welfare now. Or is the child support you are really upset about?

Jenny
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Old 02-21-2006, 09:49 PM
gooddadgoingmad gooddadgoingmad is offline
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Jenny,

You are way off base and have taken many things completely out of context and obviously haven't read all of my posts! Perhaps you should think twice before you start shooting your mouth off.

I pay my child support religiously and quite willingly. So your last biting remark is uncalled for...as is much of your message.

YOU WROTE:

"Personally I think it is terrible that you are whining about paying 375 bucks ( after tax) a month in support to your wife who is on welfare now. Or is the child support you are really upset about? "


This is a woman who sat on her lazy backside for 17 years and refused to work while I worked constantly! She still refuses to work and quite frankly, yes, I am upset at the prospect that I may have to support her for another 17 years while she sits back and benefits from MY hard work. As far as I'm concerned, the more money she gets in spousal support, the less likely she is to get off the couch and go get a job. My hard work and MY stress and MY paycheck will make her comfortable when the last thing in the world this woman needs is to be comfortable. What she needs is a good dose of reality and that reality is that she shoud become a contributing member of society who works to pay for her clothes and food. So yes, call it whining call it whatever you want Jenny....it's a hard pill to swallow when I may have to pay out MY hard earned money to support a woman who sucked me dry for 17 years.

On that note, keep your bitter and obviously antagonistic comments, which are not fact based, to yourself. I'm a damn good man who suffered like a dog to make a few bucks to feed my family only to be left with not so much as a utencil from my marriage. She has it all! Not to mention she's keeping my son from me. Does she deserve to get 46 to 51 % of MY hard earned paycheck, on top of child support? While she sits on her lazy #@$! I DON"T THINK SO!
  #7  
Old 02-21-2006, 10:45 PM
Jenny Jenny is offline
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Okay so we are talking about the 400 bucks in spousal support since you haven't an issue with child support. It sounds like you have an issue with the LAW - she is entitled to support and odds are at a higher rate then 600 a month. Not at the 41-51 % of your salary thoughafter child support ( where are you getting this number from?) Sure this is tough to pay but it is all about NEED and MEANS. ( I would say her being on welfare and having sole custody of a child and you making 96 000 a year are both needs and means)

you are upset with her not getting a job, and with her not declaring bankruptcy like you did(the good contributing member of society you are of course)

Access to your child and finances are 2 separate issues - you can't stop paying support because you don't have access. You need to address that separately.

YOU WROTE:
On that note, keep your bitter and obviously antagonistic comments, which are not fact based, to yourself."

Which of my FACTS do you not agree with - please clarify this statement.

Anyway you will continue to see yourself as the only victim in this - no matter what anyone says( including jeff himself in your post saying 600 was quite reasonable) If anyone calls you on this they are the bad guy.....

Jenny
  #8  
Old 02-21-2006, 11:41 PM
god knows the truth god knows the truth is offline
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This is not a place to be attacked; you're being very harsh with gdgm when you don't have all the facts--you have not read all his posts yet you are making assumptions on what he is feeling . He is here for support and no, I don't think he sees himself as THE only victim but I don't think right now he can have a bleeding heart for his wife.I don't think too many of us on this forum can, otherwise we'd be elsewhere. Wow I felt the anger in your words to him; sounds like a situation you may have been in yourself. Regardless, try to give support, comfort, advice, legal knowledge when necessary or even a little chuckle; if not, just say nothing--I've taught my children from an early age that "it's not WHAT you say, it's HOW you say it". sorry Jenny but I think you're way out of line with your attak mode towards gooddadgoingmad.
No offense meant just telling you how I see it.
  #9  
Old 02-21-2006, 11:52 PM
gooddadgoingmad gooddadgoingmad is offline
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Jenny I am not interested in your posts. They are written out of some sort of obvious bitterness and you are out of line and off base with your comments. You don't know the whole situation and are simply out to be nasty and rude.

I know who I am and I am not going to let the comments and opinions of a clearly angry individual get me down.

I appreciate all of the advice I am given in this forum....even when it's hard to swallow. The difference between those posts and yours is that you have decided to get nasty and personal with clear intent to insult.

Every day I wake up and fight deep depression. I see a therapist for the anxiety attacks and I still go to work. I have enough negativity in my life....I can handle someone telling me the hard facts of the law but I certainly don't need to entertain the sarcasm and nastiness of your posts. On that note, don't waste your time...I won't be reading anything from you in the future. I certainly won't "clarify" anything for you.

To the rest of you, I 've gotten a lot of good advice and excellent support from you all...thank you for not being judgemental and for the willingness to listen and be openminded. I apologize for the negativity this thread has imposed upon you. I certainly don't need this in my life and I'm certain you don't either.
  #10  
Old 02-22-2006, 12:13 AM
Jenny Jenny is offline
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godknowsthetruth - are you going to answer his questions? maybe give him your take? or do you think he is totally right in his claim that she doesn't deserve or is entitled to support?
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