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

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  #21  
Old 02-04-2011, 12:25 PM
ForwardFromHere ForwardFromHere is offline
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Originally Posted by HammerDad View Post
What is the job market right now for someone with your skills? Good/bad etc? If there is a demand for someone of your skills, why are you choosing to return to school? If the job market is bad, what is the market for skills you are looking to obtain and what is the median income for someone with those skills? How long do you expect to receive the increased amount (2 years while retraining in college or 4+ to get a degree)?

This is my concern. There is no job market for someone with my skills. I was working in the training division for air traffic control (simulation training). My skills are pretty specific to that environment and would not transfer to another job in the so-called private sector (although we were privatized). I have admin background (2 years, 17 years ago, again in ATC), and have college diplomas in medical and legal office administration, but never worked in those fields, which have certainly changed a lot since then. I could pick up a few courses that might refresh that education enough to hopefully appeal to someone, but having been out of the work force for 5+ years might work against me as well. Training for a new 'career' would also appeal to me, but yes, I'd only do 2-3 years in college. To be honest, I haven't really looked into how much a college course costs these days. I realize I still have some thinking/reasearching to do on this......it's the "what do you want to be when you grow up?" question all over again.

Also, and I understand this is being nit-picky, my support won't be that high since my husband worked considerably less OT in 2010 (the 170k was his line 150 from 2009, 155K the year before). If he argues that I only receive support on his base salary and not his line 150, it will be calculated on a salary of about 100k.
  #22  
Old 02-04-2011, 12:46 PM
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CS and SS are calculated based on line 150, there are exceptions, but commissions is not one of them.

His CS and SS are calculated on income - including his commissions - and could be revisted or revised annually.
  #23  
Old 02-05-2011, 06:22 PM
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CS and SS are calculated based on line 150, there are exceptions, but commissions is not one of them.

His CS and SS are calculated on income - including his commissions - and could be revisted or revised annually.

Thank you. That's hopeful!
  #24  
Old 02-05-2011, 06:52 PM
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Originally Posted by HammerDad View Post
I can't see how your ex should be responsible for paying extra while you are in school. There are programs available to help and he should not be disadvantaged because you decided to go to school instead of return to the work force, even if at some other position and capacity.
I tend to agree on this one...with an income potential of 60K per year, you are nowhere near needing to be retrained at your ex's expense, and the courts would likely say the same, moreso when you have Student Loans and assistance like OSAP available to you...good luck with it!
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Old 02-05-2011, 06:57 PM
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Originally Posted by ForwardFromHere View Post
Thank you. But ,with all due respect, this really wasn't anything I didn't already know. I was curious to find out if anyone has been awarded compensation in addition to SS (or a higher amount of SS) for re-education (such as in Hamashuk v. Hamashuk) in a circumstance of employment loss occurring as a result of the marriage.
I know of other cases that have been before the courts...but feel I should first point out that your employment loss was not due to the marriage, but to the choices you made during your marriage...big difference...there have been about 10 cases federally, and the one you have is the only one that has had a positive outcome. Do a search on Canlii. Or did you want the 9 that do not support your position?
  #26  
Old 02-05-2011, 08:13 PM
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Originally Posted by InterprovincialParents View Post
I tend to agree on this one...with an income potential of 60K per year, you are nowhere near needing to be retrained at your ex's expense, and the courts would likely say the same, moreso when you have Student Loans and assistance like OSAP available to you...good luck with it!

If you read the following from my post above:

Quote:
Originally Posted by ForwardFromHere View Post
This is my concern. There is no job market for someone with my skills. I was working in the training division for air traffic control (simulation training). My skills are pretty specific to that environment and would not transfer to another job in the so-called private sector (although we were privatized). I have admin background (2 years, 17 years ago, again in ATC), and have college diplomas in medical and legal office administration, but never worked in those fields, which have certainly changed a lot since then. I could pick up a few courses that might refresh that education enough to hopefully appeal to someone, but having been out of the work force for 5+ years might work against me as well. Training for a new 'career' would also appeal to me, but yes, I'd only do 2-3 years in college. To be honest, I haven't really looked into how much a college course costs these days. I realize I still have some thinking/reasearching to do on this......it's the "what do you want to be when you grow up?" question all over again.

Also, and I understand this is being nit-picky, my support won't be that high since my husband worked considerably less OT in 2010 (the 170k was his line 150 from 2009, 155K the year before). If he argues that I only receive support on his base salary and not his line 150, it will be calculated on a salary of about 100k.

You will understand where you are wrong.
  #27  
Old 02-05-2011, 08:22 PM
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Quote:
Originally Posted by InterprovincialParents View Post
I know of other cases that have been before the courts...but feel I should first point out that your employment loss was not due to the marriage, but to the choices you made during your marriage...big difference...there have been about 10 cases federally, and the one you have is the only one that has had a positive outcome. Do a search on Canlii. Or did you want the 9 that do not support your position?
I don't agree on this...choices made during a marriage are because of the marriage. One person staying home to raise the kids, or career sacrifices that would not have happened otherwise - this is part of the marriage, for the benefit of the marriage/family, and the person should not suffer as a result of that decision while the other person does not - this would not happen in business relationship, nor should it in marriage.

Now on the other hand if you COMPLAIN about the choices you made, or blame your spouse, that is another story - they were your choices after all.
  #28  
Old 02-06-2011, 09:12 AM
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I don't agree on this...choices made during a marriage are because of the marriage. One person staying home to raise the kids, or career sacrifices that would not have happened otherwise - this is part of the marriage, for the benefit of the marriage/family, and the person should not suffer as a result of that decision while the other person does not - this would not happen in business relationship, nor should it in marriage.

Now on the other hand if you COMPLAIN about the choices you made, or blame your spouse, that is another story - they were your choices after all.
Thank you, Billm. I am not complaining about my choices. I would continue to stay home with my children if I could, as probably would've happened if remained married. I'm also not complaining about returning to the work force as a result of our divorce.
  #29  
Old 02-06-2011, 10:03 AM
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There is a compensatory aspect to spousal suppport if the circumstances exist to support it.

SS is considered both for compensatory and/or needs based reasons.

If a couple decides that he will stay home and take care of the kids and make a Leave it to Beaver lifestyle, and after 25 years the marriage breaks down, then there could be very good reason to argue that there is a compensatory aspect to the spousal support claim.

It's the age old question ..... What is he worth? What is the salary of the "house husband?" Should he not be compensated for all the work that he did while she climbed the corporate ladder and produced a salary, while all he did was produce future little productive members of society?

Maybe you could go at this from another angle if possible. Has there been any split of the marital assets yet? Are you buying him out of the house? I ask this because you may want to ask if he will accept a lower payout for the house in lieu of spousal support and you could use this towards your re-training.

You could negotiate other things that aren't soo inflammatory in nature - you could ask that you be allowed to keep any CCTB that you would be eligible for ... assuming 50/50 with kids. You could ask for him to pay for all of the daycare costs until you are finished school.

I'm just trying to get you to go at it from a different angle. Spousal support is such a sensitive issue - and the fight for it is rarely worth it in the end.
  #30  
Old 02-06-2011, 10:47 AM
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Quote:
you could ask that you be allowed to keep any CCTB that you would be eligible for ... assuming 50/50 with kids.
This isn't a good point to negotiate on because one can change their mind at any time and apply for the split, nothing can be done to change that if it happens.
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