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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 01-24-2006, 07:48 PM
goldeelocks goldeelocks is offline
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Unhappy ex husband and commonlaw wife child support?

Hello. I am a divorced mother of 2 sons. One is on his own now, and my 16 yo lives with me. My ex husband currently pays me 500 dollars a mth child suppport. My son and I are having some major financial difficulties due to my poor health. My home has a mortgage on it, and needs upgrading. On the other hand, my ex is enjoying his home..newly remodelled., trips, 10,000 dollar snowmachine, paid cash; he makes high wages in his job. His common law wife and he have been together for approx. 6 yrs. She also has a high paying job., together...my guess is they are making close to 100,000 clear per year. My wages for last year including child support was under 20,000. My question is, can I claim her wages along with my ex's for a higher child support payment?
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Old 01-24-2006, 09:02 PM
logicalvelocity logicalvelocity is offline
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goldeelocks,

The child support obligation belongs to your husband and not the common law wife. Her income is irrelevant when it comes to child support.

The child support obligation would be based on his income alone.

If there is such a disparity in income between you and your ex, why didn't you request spousal support. Under the divorce act there is no time limit for corollary relief and includes former spouses. (Meaning you could already be divorced) and still be eligible to make a claim of such.

The longer you wait before you bring forth your claim the more difficult it is in being successful in receiving same.
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Old 01-25-2006, 05:08 PM
goldeelocks goldeelocks is offline
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Question hiya

Thank you for your input. I have heard so many conflicting stories concerning this. As for spousal support....like an idiot, because I trusted him, i signed off spousal support in our separation agreement. We are now divorced...which I paid for. He lives very very well, while I cut back where I can, and visit food banks on occasion. At this point, I am in jeopardy of losing my home. I dont think the spousal can be changed..but I do wonder if child support can be raised beyond the federal charts because of hardship?
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Old 01-25-2006, 05:23 PM
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Lindsay Lindsay is offline
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goldeelocks,

Was your separation agreement drafted by a lawyer, or was it something that your ex put together? If drafted by a lawyer, did you obtain independent legal advice?

If it was an agreement that your ex drafted and you did not obtain ILA, it is possible to argue that without independent legal advice, you were not fully aware of what your were signing and what rights you were signing away.

Lindsay
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