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My time is just about up for my five year review. My lawyer says I may have a good chance at terminating SS. I pay no child support and pay spousal support based on my income of $95,000 to her $40000. She shown self sufficiency and owns her own home re settlement and is doing quite fine. I realize there are allot of factors based upon SS with regard to entitlement and what not. There is a case of Mills vs Elgin (2009) I believe that is similar to mine in income difference and duration of marriage. My question is if my ex puts up a fight and it ends up in front of a judge, would I be forced to pay her legal fees win or lose?
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Generally Orders for costs are determined on the outcome of the case.
Perhaps the best way to approach this is to first have your lawyer send a letter to her lawyer stating in accordance with the Order allowing for 5 year review it is your intention to request SS be terminated. Sometimes normal people can agree on consent and avoid going to court. [I say "normal' people as I have never had the pleasure of resolving anything out of court with my litigation-happy ex.]
I would recommend that you review your divorce order and see if the judge's statement elaborated on anything about compensatory, contractual or non-compensatory SS. Not all SS is based on need or self-sufficiency.
I cannot find Mills v Elgin in CanLii - what province was it heard in? -
I just read some of your previous posts (which I should have done before I initially responded).
I am confused. I understand you have only been paying SS for 2 years now?
If you want to find out if your lawyer is blowing smoke up your arse (which I believe he is if he has led you to believe SS should end anytime soon) ask him if he will work for you on a 'contingency fee' basis.
You were married for 17 years. 2 years of SS for a 17 year marriage, without a material change of circumstances, does not compute.Comment
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I couldn't find the link either. I was curious.Comment
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I have been paying SS since mid 2010. It was reduced very little after child support stopped.Originally posted by arabian View PostComment
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I do not see that case anywhere on CanLii (BC or otherwise).Comment
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Is there a possibility SS might increase as you are no longer paying CS?Originally posted by Baffled_Dad View PostComment
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SS did increase. It didn't change much after my two sons finished school. She and her lawyer were stalling on answers that my lawyer was requesting over a period of 6 months. Over her income information because her income didn't jive based in her 40 hour work week. She was taking time off as much as 10 weeks off to lower her income. This amounted to about 10K. This affects the outcome of me paying support. They made a mistake on duration of cohabitation in which she stated we were together just under 19 years but I had moved in with her closer to 18 years. I had dug up With the ministry of transportation when I changed my address. My lawyer went for a summary judgement in change of support without going to court and the judge went with 17 years of marriage. That stood on my final divorce order and that's why her support decreased. If nothing changes this year we are going to have her income imputed to her wage based on a 40 hour work week. She gets offered lots of overtime which I could careless about just as long her income is subjected like mine is on a 40 hour work week. You stated earlier to try and talk to her. She's almost impossible to have a conversation with. She's caused allot of undo damage with my adult sons that I prefer to keep my distance. All I'm trying to prove is self sufficiency.
Here's that case: Mills vs Elgin [2009] B.C.J. No.2310, 2009 BCSC 1607
15 year relationship with three children; spousal support terminated on variation application after 6 years after separation when husband earning $100,000 and wife earning $46,000) this is From SSAG.
It was a post I read here from Link17
Maybe that will help.Comment
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I still can't get that case - anyone else having any luck locating it?
Smart of you to go to the Ministry of Transport for documentation.Comment
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I also can't find the actual case but I did find reference to it.13. Variation and Review (FV Chapter 14) - The Spousal Support Advisory Guidelines: A New and Improved User's Guide to the Final VersionComment
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What was the marriage relationship like and her employment situation?
5 years on a ~20 year marriage (17-19 who cares?) is too short in context that ridiculous jurisprudence. Expect more like 50-75% the length of the marriage if it was a traditional marriage.
I thank my lucky stars everyday that I was divorced so quickly, god....Comment
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The marriage was always rocky. I'm not sure what you mean, " what was the marriage like"? I worked. She worked part time here and there and for the last 7 years has worked full time at a $20/ hour job. Her house is paid for. She's doing quite fine. She was never left high and dry. She got more than her fair share.Originally posted by Links17 View Post
I assume I'd be paying at least 8 years but when does self sufficiency come Into play here? I wish when we retire or get laid off or fired from our jobs that we could all say hey! I worked 20 years for you and you have to still pay me at least half the time I worked for you. Trust me! I have read enough on here and past cases and I know on both sides of the fence it can be debated. My previous lawyer had it that our agreement be revisited at five years for a review. I would accept a step down proposal too if it were a choice. As for the comment above, I was being sarcastic.Comment
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How is it that some of these long marriages end SS quicker than most when one or more cases are so similar and some have to continue to pay? I guess it all depends on the judge?Comment
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Self sufficiency is only relevant when discussing the non compensatory aspect of spousal support.
Your ex will argue she compromised her career for 15+ years permanently diminishing her earning capacity.
She is now self sufficient (assuming her lifestyle has not greatly diminished since divorce) because sufficiency is contextual.
I think termination is unlikely, ask your lawyer for examples.
Your best bet is a negotiated settlement.
I think you can also argue that since she is now self sufficient a term is appropriate to finish compensating her.
I am just a troll... Be waryComment
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