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  • #31
    From what you are saying here, I think it would be very difficult to get your ex to pay you support. You don't have a written agreement, several years have gone by without you seeking support from him, and it's not clear that you have grounds to expect spousal support. Just being financially in need is not sufficient grounds to require an ex-husband to provide you with money. I think this path is not going to lead you anywhere.

    I suggest talking with your ODSP case worker about how you can get yourself workplace-ready. I have several family members and ex-family members on ODSP and they have been able to find jobs through ODSP's services - not great jobs, but certainly more money than you have now, and work will get you out of the house more often and help improve your outlook on life. If your anxiety and other disability issues are making it difficult to work, ask your worker about referral to a psychologist or counsellor or support group for help.

    I'm sorry to hear that you're in this position, and I hope that you're able to obtain some financial independence through the workforce.

    Comment


    • #32
      I respectfully disagree. There are many cases on CanLII where a spouse applied for SS years after separation.

      Many issues are weighed when determining entitlement. Of course length of marriage and ability of payor to pay and need of recipient are important. I suspect that the issue of disability would be examined along with fact that payor was aware of illness prior to him abandoning the marriage.

      The sticking point would be the absence of a separation agreement, acknowledging the payment of child support. If the child of the marriage has disability that might be a consideration for continued child support would it not? I don't know anything about child support.

      Comment


      • #33
        But on the income of the husband, SS wouldn't be significant and it would be deducted from her disability cheque. So I can't see how this would benefit her financially. And I could be wrong, but I think odsp recipients get a drug card as well for prescriptions. So if she isn't on odsp and only on SS, then it must be able to at least replace her odsp currently received AND be able to pay for all her meds to benefit her financially?

        Comment


        • #34
          Ex husband might be responsible for paying her insurance as this was one of the few things she asked from ex after her husband abandoned the marriage. She shouldn't have to go to social services for medical insurance if he has the ability to pay.

          Comment


          • #35
            I'll look some up later. You can also look. Just go to CanLii, select your province, type in something like "delayed SS request" or something like that. There was one case, in particular which I will look for where the woman was in ill health and went to court 11 years later.

            (I'm supposed to be working right now LOL but I'll see what I can find later in the day). I know there are many cases. Big part is the disability and other party knowing about the disability/illness prior to the end of the marriage and, of course, having provided support throughout marriage.

            Comment


            • #36
              Here is a case where someone applied, and received, SS after 23 years in Ontario. There are many like this. Judges seem to look closely at the reason for delay in seeking SS.

              CanLII - 2013 ONSC 7547 (CanLII)

              Again, each case is judged on individual merits of claim. In the OP's case she has not specified whether SS was ruled on at any time. We don't even know if she has a separation agreement... not much information to go on.


              The judge's analysis in this case is quite interesting:

              http://www.canlii.org/en/bc/bcsc/doc...dGFuY2UAAAAAAQ

              Another recent decision, this one from BC, (8.5 yrs after separation) where illness was post-separation. However, the justice gives some good insight into weighing validity....

              http://www.canlii.org/en/bc/bcsc/doc...dGFuY2UAAAAAAQ


              SS is a very complicated issue indeed.
              Last edited by arabian; 06-02-2014, 09:19 PM.

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              • #37
                minimum quantum and duration
                You mean maximum?

                Until you understand that one of the goals of spousal support is privatized welfare you'll be living tin that weird reality

                Comment


                • #38
                  Once again we have people griping about SS. I am soooo tired of this. I am trying to provide some information and assistance to someone who may or may not be entitled to SS. If you can't contribute to the the thread/topic then I suggest you stick to the subjects that you are informed or interested in.

                  Comment


                  • #39
                    Originally posted by arabian View Post
                    Once again we have people griping about SS. I am soooo tired of this. I am trying to provide some information and assistance to someone who may or may not be entitled to SS. If you can't contribute to the the thread/topic then I suggest you stick to the subjects that you are informed or interested in.
                    Perhaps if you provided some balance to the information you provide it might help in providing the proper perspective.

                    How about some case law where the delay resulted in no ss?

                    Unless of course none exists?

                    Comment


                    • #40
                      Originally posted by Once.is.enough View Post
                      Perhaps if you provided some balance to the information you provide it might help in providing the proper perspective.

                      How about some case law where the delay resulted in no ss?

                      Unless of course none exists?

                      perhaps you can get off your arse and look some up and contribute to this forum for a change?????

                      Comment


                      • #41
                        Originally posted by Once.is.enough View Post
                        Perhaps if you provided some balance to the information you provide it might help in providing the proper perspective.

                        How about some case law where the delay resulted in no ss?

                        Unless of course none exists?
                        Well Once.is.enough it would be good if you were to live up to your name and state your disgust for SS only once?

                        If ever someone asks how to go about not receiving SS (regardless of entitlement or not) you could chip in and help them out! Fair enough?

                        Comment


                        • #42
                          Originally posted by arabian View Post
                          perhaps you can get off your arse and look some up and contribute to this forum for a change?????
                          I don't have the spare time like you do as I am busy supporting myself and my children. I will try and have a look after I finish laundry.

                          Comment


                          • #43
                            Originally posted by Janibel View Post
                            Well Once.is.enough it would be good if you were to live up to your name and state your disgust for SS only once?

                            If ever someone asks how to go about not receiving SS (regardless of entitlement or not) you could chip in and help them out! Fair enough?
                            I never made any statements in this thread either for or against ss.

                            All I stated was that ss would be deducted from ODSP.

                            Why are you attacking me? Do you have a problem with people who work and raise their children without ss? Or is your problem more directed towards males in general?

                            Comment


                            • #44
                              Looks to me like Once.is.never.enough ...

                              Comment


                              • #45
                                Let's try to get this thread back on track with the original intent please and thanks.

                                Comment

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