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Two year marriage - Interim support

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  • Two year marriage - Interim support

    Since I can't afford a lawyer...I really need some help here on what to do next.

    A little background...marriage lasted two years, no kids, she was on social assistance when we married and she did not work during or after the marriage. Everything has been split and has been acknowledged by her lawyer. The only thing we are really disputing is the spousal support.

    I attended two mediated attempts to settle and during the first conference, an interim support order was decided by the judge. I was making 90K at the time and based on SSAG guidelines, support was granted for $400/month. About a month later, I lost my management position in the auto sector. I have kept paying the 400 per month though. This June it will be one year at that amount. I did attain employment for 2 months at 45K/year, half of what I was making. But since it is in the auto field I have since ben waiting to be called back again. I have continued paying the 400/month.

    Okay, now my question. According to the SSAG, my support should have been reduced to 200/month, but I have continued to pay 400/month. Also according to SSAG, I should only be required to pay for 2 years, since that was the duration of the marriage. Since I have been paying double the amount, I am hoping the duration will be reduced to one year. I would like to have that done by this June. There has been no contact by her lawyer since our last conference. How do I apply to have this interim order reviewed? What forms do I fill out?

    I am so fed up with the system, I don't even care about the divorce itself any longer, but yet, I don't want to be stuck paying her indefinitely for a two year, childless marriage. Can someone please help???

  • #2
    Seek a motion to vary based on current income levels. Request that a credit be applied to the claim for the overpayment for that one year.
    This is such a short union; I would hope the judge would see this as time (money) paid.
    And remove the support order all together.
    I would not let it continue at this amount as it will cause financial hardship eventually.
    When the numbers are black and white it is a lot easier to seek to vary, and this is pretty black and white in my opinion.

    It is upsetting to see that a court ordered support for a party that had an impairment coming into a relationship, and only maintained the relationship for 2 years and expects the other party to continue to pay support. Sure she cannot support herself, I get that, but that should not give just cause for anyone to get married, wait a year or two, divorce and get a guaranteed source of income just because the other person didn’t get a pre-nup going into the relationship.

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    • #3
      Thanks for the advice, and I agree with what you are saying. I thought it was an open and shut case myself, but I guess that is how it goes.

      How can I file a motion to vary? Can I get the forms at the courthouse?

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      • #4
        Absolutely, and they will offer you advice on how to fill out the forms, how to serve and file them etc. If they cannot answer your questions they should at least direct you to an alternate source for answers.

        Best of luck!

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        • #5
          There has been another hiccup with my case. Apparently there is already a judgement?? So says the Ex anyway. I will have to wait and see. If not I wil attend the courthouse and ask to see the judgement.

          Thanks again for the help. More questions to follow. LOL

          Comment

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