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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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  #11  
Old 12-29-2011, 02:48 PM
Teenwolf Teenwolf is offline
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Just to clarify...SS commences after a common law relationship ends, but the full length of the common law relationship (back to day 1 of living together) is used to determine how long s/he will get it. As an example, if I live common law for 5 years in NS, the court will use 5 years in their calculation; not just 3 years after the 2 year threshold has been met.
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Old 12-29-2011, 02:53 PM
Teenwolf Teenwolf is offline
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Quote:
Originally Posted by shellshocked22 View Post
While you have only asked about "spousal" support, be CAREFUL since you might ALSO get hit with CHILD support. Yes, even if you're NOT the father, if the court feels you've acted in a similar capacity to a father, the bottom line is you may have to pay child support (FOR YEARS !) for a child that isn't even yours !! If she gets over 60% custody (which she likely will given its not your child) you could get hit with CS even if she makes 10X what you do !

Quite frankly, while this doesn't sound "romantic"; I would get your ass out of there NOW !!!

The bottom line is that if you marry/live with (and in some cases even if you date "too long/too close" you could very get dinged with financial support. ESPECIALLY if...

a) you're male
b) there's a child involved
c) you make more than she does

You've hit all three my friend !!

Seriously, knowing what I do (now) about support laws, I will NEVER get married or live with a woman again.

Just date, keep your own place, and don't intermingle finances, etc. and even then, after you've dated for a couple of years, see a lawyer to make sure you'll protected.

You may laugh at my "paranoia" now, but it isn't so funny when you get it with BIG $$$$ in support !

Good luck
I appreciate your post, and I have definitely thought about all this before (and it scares the poop out of me), but step parents (even from a marriage) in NS have no obligation to pay CS to a step child. I realize not all provinces view it that way.

CanLII - 2007 NSFC 34 (CanLII)

"[24] After having reviewed all the case law and considering that Reed v. Smith supra is the law in Nova Scotia, i.e. that a step-parent has no obligation to pay child support..."
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Old 12-29-2011, 07:47 PM
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hadenough hadenough is offline
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Shellshocked: you are not paranoid. I'm a woman that got screwed over by my ex - - I would never want to own a business or property w/anyone again. The kicker is - my ex is re-married. Yes he found an even bigger sucker than I was and boy is she in for it. I know the day will come that she calls me begging for help/guidance. I was awarded CS and SS and have a boatload of his debts to deal with, AND he short pays the support. I find it very difficult to picture ever living with anyone again.
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Old 01-13-2012, 02:52 PM
giggidy giggidy is offline
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My boyfriends ex, who he broke up with over a year ago, but for financial reasons still reside under the same roof, could she try and claim spousal support? She does not work and is receiving support from her ex husband. My boyfriend wants her out now. What claim does she have?
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Old 01-13-2012, 04:20 PM
HammerDad HammerDad is offline
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Quote:
Originally Posted by giggidy View Post
My boyfriends ex, who he broke up with over a year ago, but for financial reasons still reside under the same roof, could she try and claim spousal support? She does not work and is receiving support from her ex husband. My boyfriend wants her out now. What claim does she have?
You may want to start your own topic, as you will likely get better answers.

But no. If they are not residing in a common law relationship, and did not meet the test for establishing common law prior to date, she doesn't have any common law rights. They broke up and have lived separate lives. At this point, she is a roommate. If he owns the house, he can evict her so long as he complies with the LandLord Tenant Act.
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