Hi all, wonderful site.. hoping to get some opinions.
Current husband and his ex's history
They lived together including marriage for 6 yrs, had 2 kids. Separated in 1998. Kids are now 18 and 16.
He has been paying spousal support of $1000 per month for 10 years as of this month.
She has been living common law with same partner since 1998.
She has been working F/T or P/T since 2005. Common law partner working full time.
Original spousal support order made based on "disability" which made her unable to work. She was to provide income statements, medical updates.. never did.
2 Children, one with us since 2005 (18 yr old), other 50% since 2005. Mother has custody. Been paying original court ordered amount of child support since even though income did rise substantially for 3 years. Child Support calculations show 15k retro owed based on this info. Husband has always paid 100% of all sec 7's, college tuitions, medical etc.
So... child support retro of 15k owed - ex says 35k based on her having "custody" of the one that was living with us, however we have ample proof to show she was indeed living with us.
Spousal support overpaid (lawyer says no precendented cases of spousal being retroactively discontinued)
husband offered her $35k payout for child and spousal last Nov (to discontinue payments) she said no and took him back to court. Settlement conference now booked for January.
-Will we have to pay her out or will overpayment of spousal likely wipe out child support retro if this goes to trial?
-Should husband keep paying $1000 spousal a month til this is over, seems like she's dragging it out?
-Anyone know what the likely outcome will be?
Current husband and his ex's history
They lived together including marriage for 6 yrs, had 2 kids. Separated in 1998. Kids are now 18 and 16.
He has been paying spousal support of $1000 per month for 10 years as of this month.
She has been living common law with same partner since 1998.
She has been working F/T or P/T since 2005. Common law partner working full time.
Original spousal support order made based on "disability" which made her unable to work. She was to provide income statements, medical updates.. never did.
2 Children, one with us since 2005 (18 yr old), other 50% since 2005. Mother has custody. Been paying original court ordered amount of child support since even though income did rise substantially for 3 years. Child Support calculations show 15k retro owed based on this info. Husband has always paid 100% of all sec 7's, college tuitions, medical etc.
So... child support retro of 15k owed - ex says 35k based on her having "custody" of the one that was living with us, however we have ample proof to show she was indeed living with us.
Spousal support overpaid (lawyer says no precendented cases of spousal being retroactively discontinued)
husband offered her $35k payout for child and spousal last Nov (to discontinue payments) she said no and took him back to court. Settlement conference now booked for January.
-Will we have to pay her out or will overpayment of spousal likely wipe out child support retro if this goes to trial?
-Should husband keep paying $1000 spousal a month til this is over, seems like she's dragging it out?
-Anyone know what the likely outcome will be?
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