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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

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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  #51  
Old 03-12-2013, 10:21 AM
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They should not be tied together. Cs is for the kid, spousal is for her. One should have no impact on the other.
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  #52  
Old 03-12-2013, 10:25 AM
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Originally Posted by Exquizique View Post
You've gotten spot on (IMO) advice from Mess and NBDad. Now's the time to stand your ground with a reasonable offer and just let them go nuts with the drama if they want.
Oh I realize that exquizique! I appreciate both their advice..brought up a few things with my lawyer in regards to their comments..they've actually made me feel alot more comfortable about this whole process.
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  #53  
Old 03-12-2013, 10:25 AM
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ok...so...health benefits for the STBX under my work plan...I'm going crazy here..need help

I guess the only real answer is to call the insurance company and ask them directly...
You're going "crazy", but you haven't even called Great West Life directly yet?

Give Great West Life a call directly, and get the facts straight from the horse's mouth. Then you can decide if you have an issue or not, based off what they say. Perhaps someone has already suggested this to you - I didn't have time to read through the multiple pages of responses on this.
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  #54  
Old 03-12-2013, 10:35 AM
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Originally Posted by dad2bandm View Post
You're going "crazy", but you haven't even called Great West Life directly yet?

Give Great West Life a call directly, and get the facts straight from the horse's mouth. Then you can decide if you have an issue or not, based off what they say. Perhaps someone has already suggested this to you - I didn't have time to read through the multiple pages of responses on this.
Hey dad2bandm..

I've spoken to my hr dept and I can keep the stbx on the plan until everything has been finalized. As for her child..as long as she's still in school and I'm paying cs, it's not a problem.

Haven't spoken directly to GWL but I have hr looking to see if there's any options..if there are any
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  #55  
Old 03-12-2013, 10:38 AM
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Originally Posted by NBDad View Post
They should not be tied together. Cs is for the kid, spousal is for her. One should have no impact on the other.
I agree..but it's not uncommon for ss to increase once cs stops, is it?? It's unfair I agree but I know the stbx will be asking for sure!! They already did during the 4 way

At least I've heard it's been asked of and awarded before.

Either way, my lawyer has stated she's going to get a set amount of ss in the ots with no changes made after cs stops..
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  #56  
Old 03-12-2013, 10:49 AM
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I agree..but it's not uncommon for ss to increase once cs stops, is it??
Actually, it's more common that once fixed and agreed to, the SS amount does not change. Yes you've probably read cases that have SS recipients go back to court to ask for a change/increase in SS due to whatever reasons, but those are specific reasons unique to that particular case. As a rule, SS and CS are completely two different things. Just because the other party is pushing to tie them together doesn't make it a rule or a "slam dunk" for them.
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  #57  
Old 03-12-2013, 10:54 AM
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Make sure to speak to, if you haven't already with your lawyer, putting a "stop date" on the spousal support, at some point. I didn't see the "length/details" of this common law relationship, in this thread (perhaps I missed it).

Given that spousal support is even being mentioned, then I'm going to assume the situation warrants it (partner needs to show they have a claim to it). But make sure you set a "stop date" to it, while you're paying the lawyer $$$ now, not later.
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  #58  
Old 03-12-2013, 11:29 AM
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Originally Posted by Exquizique View Post
Actually, it's more common that once fixed and agreed to, the SS amount does not change. Yes you've probably read cases that have SS recipients go back to court to ask for a change/increase in SS due to whatever reasons, but those are specific reasons unique to that particular case. As a rule, SS and CS are completely two different things. Just because the other party is pushing to tie them together doesn't make it a rule or a "slam dunk" for them.
Ok thanks exquizique..it's going to be a battle with the opposing lawyer I'm sure but hey..if it goes to a settlement conference, so be it..this past judge just helped clear some facts to them that both the lawyer and I were suggesting!!
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  #59  
Old 03-12-2013, 11:35 AM
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Originally Posted by dad2bandm View Post
Make sure to speak to, if you haven't already with your lawyer, putting a "stop date" on the spousal support, at some point. I didn't see the "length/details" of this common law relationship, in this thread (perhaps I missed it).

Given that spousal support is even being mentioned, then I'm going to assume the situation warrants it (partner needs to show they have a claim to it). But make sure you set a "stop date" to it, while you're paying the lawyer $$$ now, not later.

It was an 11 year relationship..she worked throughout the whole relationship..etc,

There's a huge gap between our wages and to be honest, because of that and the length of the relationship, that's all it's really based off now adays dad2bandm!! Honestly it's a farce!!

I'm happy enough that the judge at least saw that according to the ssag, the ss will be limited and between the lower to mid range..the stbx wanted indefinite spousal on the higher end of the ssag.

I'll ensure there's an end date on both the cs and ss in the ots.
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