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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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  #21  
Old 01-29-2009, 07:35 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by copper View Post
Why come on here and ask for advice and then refuse to accept it because it is not what you want to hear?

Well here goes........ Take it as far as you can through the courts, don't give an inch, you are entitled to everything...... make him suffer...he deserves it!! Get yourself the most expensive lawyer you can find because they are the best!

GOOD LUCK!
good one. LOL
  #22  
Old 01-29-2009, 10:36 AM
elizabeth1962 elizabeth1962 is offline
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I understand that most people are telling me to drop the 30K of my deposit.
What about the spousal support though. Is it not true that most women do get spousal support. I have looked on canlii and i cant find a single case where spousal support was denied. It isnt just me it is alot of women get spousal support. Why are there so many cases of women getting support then, not just me. Even women without kids have received support on the canlii cases. There wasnt one case i found where the women was denied support. Obviously the family law courts feel women are entitled as they make less money. Even if i had a full time job, i wouldnt make as much as he did. That is a fact.
  #23  
Old 01-29-2009, 10:54 AM
copper copper is offline
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Your statement just goes to show what is wrong with the family law related to spousal support in this country! Where the emphasis is on GREED rather than NEED!!
  #24  
Old 01-29-2009, 11:11 AM
elizabeth1962 elizabeth1962 is offline
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copper - the point is i do need support. I cannot afford to be on my own. Women do not make as much as men. That is a fact. I have friends that are women that work full time and they tell me they couldnt afford to live on their own. Rent, car expenses, fuel, food. It is to expensive to live in this province.
  #25  
Old 01-29-2009, 11:24 AM
dovan dovan is offline
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My questions to you is what did you do before this man was in your life? How did you survive before? Just because other woman get spousal support does not mean that ever woman would.

He is a clip it from and article:
For common-law and same-sex partners, the Family Law Act provides that an individual may be responsible for the support of his or her ex-partner if the partners have a child together or if they have cohabited continuously for a period of not less than three years.

Both the Divorce Act (Canada) and the Family Law Act (Ontario) provide that married spouses are responsible for each other’s spousal support on separation in most circumstances when there is need and an ability to pay.

In both these acts it does not state you are automatically entitled to spousal support.
  #26  
Old 01-29-2009, 11:34 AM
ikikass70 ikikass70 is offline
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Spousal Support is based on a number of variations. You would be best advised to read the updated SSAG's July 2008.

In its most basic form it comes down to:
Duration of marriage
Need of the recipient
Ability to pay (payor)

You will likely be awarded some form of support for a time limited duration.

The judge will want to know your employment history, reasons why you can't work fulltime, if you've put effort into becoming self sufficient, your ex's ability to pay etc...

I'm curious to know why you can't work full time? You have really put yourself out there to be criticized in this forum and I tend to agree. You have no children with this man, you can and do work, but you feel entitled to money?

I also take offence to the sexist nature of your argument. Personally, I wouldn't want to be supported by a man just because I can be. I'm a very proud woman and take full responsibility for myself and my future. I make a hell of a lot more than a lot of men out there. I don't need someone else's money to keep me in food and clothing...but...that's just me.

Yah, you'll probably get it. You already know that.
You are SOL on the 30k.

My advice, take the support that he will have to pay you and increase your skills through education so that when the gravy train ends, you will be able to stand on your own two feet.
  #27  
Old 01-29-2009, 12:10 PM
Me_too Me_too is offline
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I am a woman with 2 children. I don't have spousal support, and I don't want it. I can have a life of my own.

Statements like yours are the reason ex's have such a bad reputation. Spend your energy finding yourself a good job instead of fighting for your ex's money.

We're in 2009, women can make enough money to sustain themselves.
  #28  
Old 01-29-2009, 12:21 PM
Suchislife Suchislife is offline
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elizabeth1962 ~ I still want to know why you don't agree on the figure for spousal support, and therefore you want to argue it.
Why do you think it's unfair? He's gone ahead and put an offer for S.S on the table instead of waiting for you to take him to court to demand it.
If I were him I wouldn't have offered you any S.S. Doesn't the fact that he did so willingly count for anything?
Yes, you CAN go to court and ARGUE. Yes, by law you MAY be ENTITLED.
You MAY win, you MAY lose. No-one knows what the Judge will do.
YES, you will get a BIG bill from your lawyer.
You've got equity coming from the house, you're living at your Mom's, you choose to semi-support yourself w/ p/t work.
Alot of people would envy your situation and take the $ and run.
  #29  
Old 01-29-2009, 12:48 PM
paris paris is offline
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The house has been sold and the money is sitting in trust with the lawyer...

I assume all mortgage and debt has been paid out. How much money is in trust at this point?
  #30  
Old 01-29-2009, 01:40 PM
elizabeth1962 elizabeth1962 is offline
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There is currently 183 thousand sitting in trust. My lawyer told me not to release the money so we could bring him to the table for support.
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