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Spousal after 3 years of seperation

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  • Spousal after 3 years of seperation

    Been 3 years since the wife moved 4 hours away and left the kids with me.....nothing has been dealt with other than i got an interim order for primary care and control shared custody so her threats of moving across the country with the kids could be stopped....she would do it just to upset me....

    So is she entitled to get spousal still if she wants it? Is it too late? I asked her to help with the kids by at least buying the young one some clothes as she never contributes to anything and sees them every maybe 3 months. I told her to help a bit or I will ask for child support and she immediately replyed she would go after spousal as well as retro....which would easily be way more than what I would get in child support....should I leave the issue alone? I never hear of deadbeat dads getting spousal....just wondering if this deadbeat mom would get it?

    I might be able to counter with all my costs for live in nanny, and all the activities I pay for the 7 year old if any of that stuff matters.
    Last edited by undersc0re; 05-29-2015, 10:36 PM.

  • #2
    Is there a time limit where say after 2 years its obvious you don't need spousal support so you won't get when you do up a seperation agreement, in my case it will be at least 3 years since we seperated and she has lived on her own and the seperation agreement has not even been started...she left....I have the kids.

    Basically just wondering if there is a time limit where someone could go after spousal after seperating.

    Comment


    • #3
      No, there is no time limit. There was a disgusting case recently in Quebec, when a woman had a car accident and went on long-term disability and she was awarded with spousal support - 7 years after they separated.

      But going after spousal support is one thing, getting it is another.

      Comment


      • #4
        She might have a case for spousal support, but we don't have enough information to give an opinion.

        Did she give up her career to look after the kids while married? Did you support her financially well above what she could ever have on her own? She did make sacrifices in her own career (move to remote places, work part-time) so that you could further your career? If none of this happened her case for spousal support is probably not very strong.

        Given that she is currently self sufficient and has been since separation also weakens her case.

        She should have been paying child support since she left, presuming she is working. You should fix that immediately and revoke her dead-beat status.

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        • #5
          She did not have a career, she did not give up any type pathway towards any kind of career, she lives better off now than when with me....so I can not see how financially I woukd have to maintain anything as she travels much more now. A meeting with a lawyer soon after seperation concluded that if I were to stir the pot, she would probably go after spousal if I went for child support, so to save costs and trouble it was suggested I wait a bit to do that. I just don't know how long to wait, and asking a lawyer would cost me money and who knows if it would be the right advice, I thought asking here first woukd be a good start where there is lots of knowledge and experience with the situations. The stbx has a steady job and a vehicle.

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          • #6
            I think you should pursue child support. At the moment, you are allowing her to be a deadbeat and not support her children. Child support is not negotiable - she is required to pay it.

            She can threaten to go after spousal support, but as the other posters have said, it sounds like this would be a pretty empty threat, if she did not sacrifice any economic opportunities to raise the children, she has a good job and financial security now, and she's waited three years to raise the issue of SS (and then she only brought it up when you asked her to do her share to support the kids).

            She is required by law to pay child support. You are not required to pay spousal support - her eligibility for spousal support has to be proven by her.

            Comment


            • #7
              Originally posted by BitHunter View Post
              No, there is no time limit.
              Actually yes. There is no statute but, if someone doesn't act in 3 years and file for support they are demonstrating that they have the means to support themselves. These situations are incredibly complex to deal with and where a lawyer is really necessary to assist in a case.

              I have seen situations where someone failed to make the request for SS on their original application and a year later a judge telling them to take a long walk off a short cliff.

              SS is a very complex situation and when Ouija boards and dart boards are involved (to quote Justice Quinn) best to have a professional in the court room.

              Good Luck!
              Tayken

              Comment

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