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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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Old 03-09-2010, 12:41 PM
JayBon JayBon is offline
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Default Spousal after divorced for 8 years

Hi there,

I have many questions, but I'll try to keep to a couple at a time.

My ex wife has served me with papers again. We were divorced in 2002 after being married for 5 years and at the time, no spousal support was sought and agreed to, and I had joint custody of the three children, with me having the the primary residence. However she consistenly did not see the children, or if she did have them, would call the CAS on herself and they would have to be picked up.

My ex has not attempted to become employed with any real desire, and therefore has floated to lo paying jobs. Even during the period of time where she had no children, and therefore daycare was no a concern.

At the time of our divorce, I was earning approx. 45,000/yr. During the time after, I actually lost my job, and much attributed to the issues around the divorce. However I did work hard and find a new job, and earn a very good income of approx. 98,000 with OT allowing to be higher. I also re-married an RN who also makes a good income.

The custody of the children was completed last June, whereby I have full custody, and the judge would not allow a request for spousal support at that time.

so where are we today.....I have my son and daughter 14-11 full-time and according to a clause in the order in June, she forfeited the rights to see them by not contacting to cancel any visits , as she agreed to once a month. The eldest turned 16 and ran. I was trying to get help, as she has many issues, stealing, and otherwise....stealing from her own grandmother. She went to her mothers house in toronto, however I never kicked her out, there was no abuse, and I was against the move. In fact, CAS had forced her removal 1 yesr ago.

So is on disability, and not secured any work, we also agreed that when my daughter went to Toronto, there would be no support as she ran away, and my ex was aware and accepted this.

What are the chances she could actually get spousal after being divorced for 8 years, and me having primary care for the 3 children the majority of time, and never receiving any support payments? She already agreed to no spousal in the divorce and was turned down in June...does this bear any weight?
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Old 03-09-2010, 01:43 PM
Foredeck Foredeck is offline
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Chances are practically zero.

Usually, if you don't apply for CS within a year or so, it's denied because you've just proved that you can live without CS.

CS is there to equalize both household and to minimize the effect of the marriage breakdown. And, once she's agreed to no CS, it's closed. It's usually not open to renegotiation once both parties have agreed to it. Unlike CS or custody, which is never finalized and can always be modified by a judge.
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Old 03-09-2010, 01:47 PM
JayBon JayBon is offline
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That is good to hear. Just so angry. It seems to never end. She gets Legal Aid, and we go to court every year...at some point I wish the court system would start challenging her...
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Old 03-09-2010, 05:20 PM
Mess Mess is offline
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So what did she serve you with? She served you seeking spousal after 8 years?

And in her application she had to provide a rational cause, didn't she?
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