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  • long delay in asking SS

    I have delayed in making an application for SS for almost 6 years. I've been a fool thinking that I would become financially self-sufficient but have failed miserably. I was married for 23 years, separated when I was 49, had a 16 yr old at the time. I didn't want to alienate my child with a fight over money between us. And I knew my ex would act vindictively to the separation to the detriment of my child.

    My question to those of you who may have a lot of experience going through case law. Has anyone read a case where there has been a significant delay in applying for SS?

  • #2
    i am not sure but i think that time for you has passed. I take it there has been an equalization and a final divorce??

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    • #3
      I understand there is no statutory limitation on support. There is a 6 yr limit on equalization of property and I applied before that period.

      But a delay in asking for support seems to be uncommon and so that is why I am looking for any case law that may support it.

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      • #4
        Here is an interesting case to read... CanLII - 2011 NSSC 390 (CanLII)

        However, it is based out of Nova Scotia... one thing you may want to look at is what you are currently making...if it isn't at least full time at min wage, be prepared to have that income imputed on you, as there are ALWAYS jobs out there that pay min wage.

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        • #5
          think of this as something to think of - look up at least.

          Status-Quo in reverse.

          Like you hear on the outset. So much is looked at as what was in place and normal the day you got seperated (valuation date). Now you made it six years alone but it has been six years which looks like, sounds like and may just be your status-quo taday and going forward? I think if you can solve that ridle you may have a chance. You had a long term marriage and that does help but not pass the legal barrier alone - has there been a significant change in your circumstance? Perhaps your health?

          last bit - I just passed this this morning - I printed three pages which I beleive was from the spousal support guidelines? section title:

          7.2 Merger over Time and Existing Theories of Spousal SUpport.
          The premice that the longer the marriage the deeper the merger between the parties and it affects every aspect of your lives even beyond the basics (I define that as pure monetary issues) a quote from the section not the best typer so here goes!

          .........."One reading of Bracklow suggeststhat non-compensatory support is grounded in the economic dependency or, in Justice McLachine's words, the "interdependency" of the spouses. It recognizes the difficulties of disentagling lives that have been intertwined in coomplex ways over lengthy periods of time. On this broad reading of Bracklow, which many courts have acepted, need is not confined to situations of absolute economic necessity, but is a relative concept related to the previous marital standard of living..........."

          Not sure if this small part rang the bell at all and like your post did request - you are after can i do this???? this is definately a question but after six years you are going to have to convince someone that it IS something that "is the RIGHT and FAIR thing to do after all this time. You will have an ex thinking the exact opposite.

          So not sure if this helped at all - just jumped out of me!
          Good luck

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          • #6
            Judge allowed the SS in my case (very similar to yours), but did look at roles during marriage etc... so background will play a role in "entitlement". The merger over time (long term marriage) will play a role if there's a large difference in incomes. Judge did look at current employment. Good luck and keep us posted.

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            • #7
              I can not say how appreciative I am for the knowledgeable responses. I am feeling an awful lot better re self repping but I have so many questions for which I would really like responses from those on the forum who have similar experiences.

              I read, with interest, the response that Gary received, on his thread of "dick-step?" It was mentioned "if you are filing a motion to enforce c/s (and request arrears) you know where you can find help".

              I was wondering what kind of help there was out there for filing motions as I am about to file my first and am not at all sure of procedure.

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              • #8
                first off is there a separation agreement and a final divorce granted??

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                • #9
                  As far as I know (and please knowledgeable good people of this forum, correct me if needed), you cannot go for a motion before your first Case Conference. (unless there is an emergency)

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                  • #10
                    I have just endured my first CC. I received a fax from the Judge noting that the "Respondent may question the Applicant, (me), wrt SS by way of written questions".

                    The Judge further noted that the Applicant "may bring a motion seeking interim SS in mid-June 2012"

                    That is the stage I am at.

                    Comment

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