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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 01-30-2009, 10:02 AM
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littleman littleman is offline
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Default To go to court or not(Spousal Support)

this way out of hand and from where I am sitting and being a woman (hate the term) but I believe this woman to be a gold digger.......I am sorry to be so blunt........elizabeth you need to understand you have no entitlement in life.....you make it what it is.........if you work part time and refuse to obtain full time or improve your pay scale that is your choice and judge may see that as being purposely under employed......this is just way too much......you need to grow up and stop living off others.......you are not a child anymore in the comfort of mommy & daddy's home with no responsibilities.......that is just not acceptable in this day and age........be self sufficient already......sorry that sounds so harsh but truth hurts.......just makes me mad that someone actually feels because they were in elationship they are entitled to something at the mutual breakdown
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Old 01-30-2009, 11:25 AM
elizabeth1962 elizabeth1962 is offline
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Default To go to court or not(Spousal Support)

I am trying to get information on here based on other womens or men past experience in going to court whether it is worth it or not. I completely understand the opinion and it seems as if the 30K may be something not worth fighting for. In regards to the spousal support, i am not sure whether i should settle at 10K in cash. I was trying to get a feel for how much money i can settle for. I dont want to go to court. I know it is very expensive.
Is 10K to settle to low though. He sent me his notice of assessment from last year. He made 66K and minus his child support from an earlier marriage, he pays 560 a month in child support, so his income for spousal support purposes is around 59K. I made 32k last year. Will his child support affect my ability to get support. I know the courts put the child support first and rightly so, i am just askign if it will affect the amount i can claim. I know the relationship is not long term, i know it will only be interim support, 4.5 - 9 years. I am thinking i could get 4.5 to 6 years. Also, i work 4 - 5 hours a day. I have been trying to secure full time employment, could they impute my income to full time wages. Also, do i have to claim my car allowance as income. I actually only made 27k but i get paid for my kilometres on my car.
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Old 01-30-2009, 11:48 AM
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Quote:
Originally Posted by elizabeth1962 View Post
Will his child support affect my ability to get support. I know the courts put the child support first and rightly so, i am just askign if it will affect the amount i can claim. I know the relationship is not long term, i know it will only be interim support, 4.5 - 9 years. I am thinking i could get 4.5 to 6 years. Also, i work 4 - 5 hours a day. I have been trying to secure full time employment, could they impute my income to full time wages. Also, do i have to claim my car allowance as income. I actually only made 27k but i get paid for my kilometres on my car.

His CS obligation absolutely affects your claim for SS. As it reduces the amount you can claim against, and thus reduces his ability to pay.
Remember, SS is based on (among other things) his ability to pay and your need.
The Child Support is automatically removed from his income before anything with respect to SS is determined.
And the courts can indeed input an income to you relative to your ability/education etc. to reduce any claim made against the ex.

You are to include the traveling allowance in your line 150 amount, but I understand that it is credited elsewhere on the CCRA form. (not sure if it changes the line 150 amount though).

In order to provide a more accurate reply though there are a few pieces of info that needs to be provided.
Were you legally married or common law?
How long was the relationship?
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Old 01-30-2009, 12:12 PM
dovan dovan is offline
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Quote:
Originally Posted by elizabeth1962 View Post
I am trying to get information on here based on other womens or men past experience in going to court whether it is worth it or not. I completely understand the opinion and it seems as if the 30K may be something not worth fighting for. In regards to the spousal support, i am not sure whether i should settle at 10K in cash. I was trying to get a feel for how much money i can settle for. I dont want to go to court. I know it is very expensive.
Is 10K to settle to low though. He sent me his notice of assessment from last year. He made 66K and minus his child support from an earlier marriage, he pays 560 a month in child support, so his income for spousal support purposes is around 59K. I made 32k last year. Will his child support affect my ability to get support. I know the courts put the child support first and rightly so, i am just askign if it will affect the amount i can claim. I know the relationship is not long term, i know it will only be interim support, 4.5 - 9 years. I am thinking i could get 4.5 to 6 years. Also, i work 4 - 5 hours a day. I have been trying to secure full time employment, could they impute my income to full time wages. Also, do i have to claim my car allowance as income. I actually only made 27k but i get paid for my kilometres on my car.
In keeping up to speed with posts on here ....it seems that you have gotten plenty of information from both women and men on past experience going to court regarding this issue and you simply refuse to even listen. The difference in your incomes is approx 22K after he pays is child support this of course is not taking in account that this is gross amount before taxes. He works full time and you work part time to me if he were to pay you spousal support from that remaining amount that makes up the difference in incomes, your incomes would basically be the same give or take a few thousand dollars. Now for a minute reverse the roles here and lets say you were him and you were working full time and these amounts were sitting in front of you, would not say that you would be a bit upset at the fact that you work full time bust your butt and the other person working 15-20 makes the same as you all because you had relationship with them. The fact the you have to claim a car allowance to work is as part of your employment ....that he should not have to be responsible to make up.
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Old 01-30-2009, 12:40 PM
Suchislife Suchislife is offline
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I'll take the 10 grand & equity split if you don't want it.

Same stuff ~ different thread.

Get full time work & say good-bye.
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