Ottawa Divorce .com Forums


User CP

New posts

Advertising

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

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 08-24-2010, 11:33 AM
asnf asnf is offline
Member
 
Join Date: Jul 2010
Posts: 30
asnf is on a distinguished road
Default Reasonable Spousal Support Offer?

I think my case will proceed to a trial, unfortunately. I live in Hamilton, Ontario area and earning approx $70,000. Married for 6 years, I have a daughter and I am the payor as well with full table amount. There is a family debt of roughly $50,000 left under my sole accountability. I have been paying spousal support with an amount I agreed during Case conference at an amount approximately $1,200. I have made offer to lower it at settlement conference but not accepted. Now, I am offering to continue to pay the same amount for the next 3 years and will be reviewed at that time. I have no means of paying more that that amount due to debt payments. I am willing to prove my case in a trial but I would also like to protect myself from costs. Is the amount ($1,200) of spousal support I am offering is reasonable? I need some advise. Thanks in advance.
  #2  
Old 08-24-2010, 12:02 PM
billiechic billiechic is offline
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,371
billiechic is on a distinguished road
Default

you haven't mentioned what her income is, what her education level is etc. I think there are many more details needed. Do you have a lawyer? What does he/she think?
  #3  
Old 08-24-2010, 12:09 PM
asnf asnf is offline
Member
 
Join Date: Jul 2010
Posts: 30
asnf is on a distinguished road
Default

Thanks for the quick reply. She has no work at present. She completed a caregiver course recently that I paid. She reported an income of around $2,000 for 2009. I am self-represented. She used to have a lawyer but has gone self-representation as well.
  #4  
Old 08-24-2010, 10:15 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Check Workopolis for entry level caregiver jobs, don't be surprised if it is $12/hr, a lot of entry level jobs pay this rate. Work out a pay range starting from minimum wage to the caregiver range.

Add to this Child Tax Credit which will be maximum for one child at her income level, probably around $400 per month including various top-ups and provincial credits. Add to this the child support you are paying.

Now look at your income, after tax and after child support is paid. Spousal support should bring her up to 45% of your income level. My amateur calculations done on a napkin in a bar with the waitress' pencil is that she would be almost exactly at 45% of your income if she is imputed a full time wage. However I may be drunk, you need to go to a lawyer's office and run this through the software if you want to be sure about costs-proof reasonable offer, but I think you are more than generous with $1200 per month.

I think you also have an argument for undue hardship due to that level of family debt.
  #5  
Old 08-24-2010, 10:35 PM
asnf asnf is offline
Member
 
Join Date: Jul 2010
Posts: 30
asnf is on a distinguished road
Default

Thanks for the post-reply, Mess. Much appreciated.
  #6  
Old 08-26-2010, 11:58 PM
asnf asnf is offline
Member
 
Join Date: Jul 2010
Posts: 30
asnf is on a distinguished road
Default

I have increased my offer by $100 and it was accepted in front of the judge, who eventually made a final order on this and rest of the claims. I think the amount is more than fair for her, but if this is making my former wife happy and hopefully will promote a better living atmosphere for my daughter, I'd take it as a win for me as well.
  #7  
Old 08-27-2010, 06:26 AM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,492
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by asnf View Post
I have increased my offer by $100 and it was accepted in front of the judge, who eventually made a final order on this and rest of the claims. I think the amount is more than fair for her, but if this is making my former wife happy and hopefully will promote a better living atmosphere for my daughter, I'd take it as a win for me as well.
nice attitude!!
  #8  
Old 08-27-2010, 08:52 AM
BitHunter BitHunter is offline
Senior Member
 
Join Date: May 2010
Posts: 546
BitHunter is on a distinguished road
Default

And that's what makes all the other women think that they are automatically entitled to big part of our salaries after divorce. If they ask for it and they simply get it they think this is their automatic right.
No, a non-working mother living as a parasite on government funds and on money you are working for provides a piss-poor atmosphere for your daughter.
  #9  
Old 08-30-2010, 04:57 PM
About_Time About_Time is offline
Senior Member
 
Join Date: Apr 2007
Posts: 311
About_Time is on a distinguished road
Default

Quote:
Originally Posted by rszalai View Post
And that's what makes all the other women think that they are automatically entitled to big part of our salaries after divorce. If they ask for it and they simply get it they think this is their automatic right.
No, a non-working mother living as a parasite on government funds and on money you are working for provides a piss-poor atmosphere for your daughter.
Yeah, it would have been much better to haggle over money in court for the next two years.

Look, she'll grow up knowing her dad worked hard and did his best to provide for her. $1300 a month is very generous, I agree, and probably undeserved - but if the guy can afford it and sleeps better at night knowing he can get on with his life and that his daughter is well provided for, I'm not going to fault him.

His job isn't to make a political line in the sand for the sake of all us ripped off dads.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Question about Child and Spousal Support deevusone Divorce & Family Law 13 05-09-2012 09:08 PM
Reasonable Spousal Support Offer? asnf Divorce Support 0 08-24-2010 11:29 AM
Spousal Support Question Fair4All Divorce & Family Law 8 05-04-2009 09:44 AM
Spousal Support Amber Financial Issues 0 02-22-2006 11:58 AM
The Concept: Standard of living gooddadgoingmad Divorce & Family Law 7 02-20-2006 09:59 PM


All times are GMT -4. The time now is 04:50 PM.