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  • Ex Stopped Paying SS

    My ex husband to be, a successful lawyer, has arbitrarily decided to stop paying me SS as of April 1. Against a court order. Due to the pandemic he claims he has no foreseeable income and has closed his office.

    Of course it’s all BS; just another way to try to get me to walk away and settle for whatever his first offer might be. Mind you, it’s been 4 years of him dragging this matter out masterfully. I wouldn’t be surprised if he helped created Covid 19 for this purpose.

    My forensic accountant I had to hire determined he averages an income of $350,000-$400,000 annually, and equalization will be well over half a million. He just travelled to Ireland and Australia extensively and bought a new Audi, but he claims he has no money to pay SS. And before you all get in my face about not being self sufficient, we were married 24 years and I stayed home 18 of those to raise 3 kids. At his request.

    That SS is basically my only income. I didn’t even know he stopped paying me until i went to transfer money to someone and realized my account was in overdraft. Preauthorized payments were coming out. My PT seasonal employment is not even enough for me to qualify for CERB. I’ve applied anyway hoping I get paid to at least buy food.

    The courts are closed and he knows damn well it’s nearly impossible to fight this.

    My lawyer proposed to suspend SS for 4 months if he agrees to release the other half of the proceeds of our matrimonial home that have been held in trust for 3.5 years. We would just deduct that amount from the equalization one day. He declined. Shocker.

  • #2
    What did your lawyer say about an emergency motion?

    Is it in an order you could submit to a place like FRO?

    Comment


    • #3
      Originally posted by rockscan View Post
      What did your lawyer say about an emergency motion?

      Is it in an order you could submit to a place like FRO?
      Lawyer is going to try and reason with them...once again. The law society has told them because the courts are closed best try and resolve non-emergency matters between the parties. If they refuse to pay me at least something, she will be looking to see if we qualify as an “emergency.” It’s supposed to be used for things like kidnapping.

      Comment


      • #4
        The Notice is here: https://www.ontariocourts.ca/scj/cov...uspension-fam/

        The exact wording is "dire issues regarding the parties’ financial circumstances including for example the need for a non-depletion order."

        In short, a Judge would need to agree your financial circumstances are 'dire' to hear this on an emergency basis. Also, since the old order hasn't been changed yet, technically this is an enforcement issue, not the a problem with the order itself. Waiting for FRO is all you can do at this time, unless you wish to seek private enforcement but then you'll need accounts to garnish or assets to seize, and that process will cost more than what you'll recover.

        Comment


        • #5
          Originally posted by Kinso View Post
          The Notice is here: https://www.ontariocourts.ca/scj/cov...uspension-fam/

          The exact wording is "dire issues regarding the parties’ financial circumstances including for example the need for a non-depletion order."

          In short, a Judge would need to agree your financial circumstances are 'dire' to hear this on an emergency basis. Also, since the old order hasn't been changed yet, technically this is an enforcement issue, not the a problem with the order itself. Waiting for FRO is all you can do at this time, unless you wish to seek private enforcement but then you'll need accounts to garnish or assets to seize, and that process will cost more than what you'll recover.
          Thanks. It’s dire alright.

          Comment


          • #6
            I'm in the opposite side

            Shorter marriage (less than 5, 2.5 she didn't work) and ex who doesn't feel the need to work

            My income went down massively..under the current support order I would be left with 1k a month while she would get 10k.

            Covid is a material change in circumstance no doubt. I don't think cutting off entirely is wise as it leaves you destitute. We offered to lower ss in half and cs based on what the forensics accountant said my true income was (I massively overpaid in 2019). This combined amount would still be well above what divorcemate says I would pay based on my lower income.

            Unfortunately the fro is not doing much, but I do believe if any case would be heard it would be that leaving someone with nothing. If his income was 300k, I'm sure his payments were quite high, I would aim for maybe half of it for now because you would have to settle up anyways. Due to covid everyones financial belts have to tighten. We can expect his income for 2020 to be much lower no doubt but it will not be 25% of 2019(Jan Feb and march where he was working)

            I do hope this works out so you can get the basics

            Comment


            • #7
              Originally posted by Kkc View Post
              I'm in the opposite side

              Shorter marriage (less than 5, 2.5 she didn't work) and ex who doesn't feel the need to work

              My income went down massively..under the current support order I would be left with 1k a month while she would get 10k.

              Covid is a material change in circumstance no doubt. I don't think cutting off entirely is wise as it leaves you destitute. We offered to lower ss in half and cs based on what the forensics accountant said my true income was (I massively overpaid in 2019). This combined amount would still be well above what divorcemate says I would pay based on my lower income.

              Unfortunately the fro is not doing much, but I do believe if any case would be heard it would be that leaving someone with nothing. If his income was 300k, I'm sure his payments were quite high, I would aim for maybe half of it for now because you would have to settle up anyways. Due to covid everyones financial belts have to tighten. We can expect his income for 2020 to be much lower no doubt but it will not be 25% of 2019(Jan Feb and march where he was working)

              I do hope this works out so you can get the basics
              Have you spoken to FRO about the change in your income? I know their usual is "we only follow court orders" but I've heard they are allowing late payments on full amounts as long as you make regular deposits. A little more leeway than the usual. I mean...their response is slow at the best of times.

              You can file a motion to change once the courts reopen.

              Comment


              • #8
                To the OP - I would agree you should file your already signed agreement with FRO. They'll be slow to get an case file going and enforcement in place but it's all you have right now.
                If you agree to a lower amount (even temporarily) then you can always provide them with an updated agreement at a later date.

                Comment


                • #9
                  Originally posted by momof2teenboys View Post
                  Have you spoken to FRO about the change in your income? I know their usual is "we only follow court orders" but I've heard they are allowing late payments on full amounts as long as you make regular deposits. A little more leeway than the usual. I mean...their response is slow at the best of times.

                  You can file a motion to change once the courts reopen.

                  Thx for reply

                  Ya it's a mess and I'm sure a lot of case law will come from this. Prior to covid I had the expert witness prove my income was wayyyyy lower than what the order is based on...so yeah if im not following it now I have 25k worth of credit that can offset against

                  Comment


                  • #10
                    Kkc - are you waiting for a court date to adjust your income? That may take quite a while. I'm sure there's a long list from all the cancellations over the last month.

                    Did FRO tell you to continue with your payments as ordered or are they willing to "work with you". I'm hearing different stories from friends that pay/receive.

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                    • #11
                      Oh I know the struggle.to change all this even when courts r running. We are not with the fro anyways..I've always paid on time full amount.

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                      • #12
                        We are not with FRO either. Wasband has it set up with bank to transfer money every firs of the month. He cancelled that.

                        I applied for CERB on Friday and received my money today. Thanks Trudeau! Hopefully I won’t have to pay it back and I qualify.

                        Comment

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