Spousal Support and Long Term Disability (at 60)

[KW_Divorced]

I haven't posted for a few years however have a situation that I can use some advice on, prior to me engaging my lawyer.

Divorced for 7 years now after a 22 year marriage. All children are now adults, working full time and all child support obligations ended 3 years ago.

I am turning 60 this year and my ex wife is 55 and has a good job.

I am paying only spousal support (a hefty amount I might add) and according to our agreement, it will end on my 65th birthday, assuming I also retire at that time which is my intent.

However, medical issues have gotten in the way, and I am very likely going to have to go on Long Term Disability starting in the next 2 months. It is anticipated that I will be on LTD for at least 1 year, maybe 2 and if things don't improve, right up to retirement. My salary will be reduced to 65% of my current salary, so a sizable drop in income.

There is a clause in my agreement that states that spousal support is subject to material changes in circumstances, including reduction in income due to disability or injury.

Given the wording and my situation, it seems very clear that this is a material change that warrants a review of spousal support.

My agreement is being enforced by FRO.

A few questions:
1. How do I go about getting this review underway when FRO is involved? Do I first need to file a Motion to Change, citing this circumstance and file with the courts?
2. Would FRO stop enforcement based on this Motion to Change? What about their Application to Stop Enforcement?
3. If LTD continues right up to retirement, can I successfully argue that this disability has forced me into early retirement, therefore eliminating spousal support altogether?

I should add that my ex will fight me all the way on this. It has been acrimonious since the separation and is unwilling to discuss or compromise.

Thanks all, in advance.

[arabian]

I think it would be a waste of your time to do anything until you actually go on disability. Courts don't typically deal in "what ifs." In other words, I don't think you would be successful in attempting to preemptively end SS. My ex tried this numerous times and failed. He was unable to provide any corroborating medical evidence. Remember, a review could also open up possibility of a reduced SS obligation but you could also end up paying longer than age 65. With SS anything is possible.

Yes FRO would need an Order to change their collection. They do not stop support until ordered to do so. In some special circumstances they look at the motion to change and may temporarily stop support, but it isn't erased - merely added on to arrears. If that happened you would need to negotiate a repayment of those arrears in a realistic time period. You can get more information from your representative at FRO.

Of course your ex will fight you on this. She could argue that you were intentionally underemployed so best you get busy looking for alternative income and be able to show your efforts. The effort (to find alternate income) is what may help you out in the end.

[KW_Divorced]

Thanks for the advice Arabian.

I forgot to mention a couple of relevant points to my initial post.

I am already on Short Term Disability (STD) after a 2nd major back surgery this past February and have additional diagnosed conditions that are preventing me from working until rectified. This process can last beyond my STD allotment which is 17 weeks, and ends at the end of June. At that point, I will need to go on Long Term Disability and the process can last a significant amount of time.

I have plenty of medical evidence to support the reasons, from specialists and physiotherapists, to my family doctor.

At this point, I was looking for guidance as to how to go about the process once LTD starts, which is imminent.

Apologies for omitting this important information. I should know better

Thanks again.

[arabian]

Are you now collecting your CPP disability? If not, are you planning to?

[KW_Divorced]

Actually I don't know anything about that. I presume this is important?

[arabian]

yes

there is much information on internet.

"...For 2018, the average monthly CPP disability pension is $971.23 and the maximum monthly amount is $1,335.83. You will receive the basic monthly amount fixed for all recipients ($485.20), plus an amount based on how much you contributed to the CPP during your entire working career."

Add (CPP) to your LTD = your income. Is that similar to your net take home pay?

https://www.canada.ca/en/services/be...it-amount.html

You can request a statement from CPP on your current status/entitlement should you claim CPP (which you can after age 60) or CPP disability.

[StillPaying]

CPPD would get deducted from your LTD payments, so there wouldn't be extra income besides a small increase each year. However I agree that the review can open possibilities that you may not like. I would assume the SS would stay around the same amount as your agreement; if it's lowered it would most likely be extended past 65.

[arabian]

Also something to remember is that meeting criteria for disability is not necessarily the same as criteria for LTD or CPPD. Court has it's own precedents to go on. In my situation, my ex doesn't come to court with "clean hands" so his claims of being incapable of working are not accepted. This is what happens when one claims they are unemployed and then get caught working under the table.

[KW_Divorced]

OK thanks all. Some good advice here and I will follow through carefully.