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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 04-06-2018, 01:09 PM
jimb jimb is offline
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Arrow I Need help with paperwork

Hello I need help/advice from a family lawyer. I'm 62 years old soon to be 63. I've been paying spousal support since 2002. One of the stipulations in my divorce agreement is that my ex is supposed to become self sufficient. She is 66 years old, living with her son, never took a job, is receiving CPP and Old Age Pension. I have an auto repair shop since 1989 which has been declining for the last few years. I had to do a Consumer Proposal making me pay 650.00 for the next 5 years. Basically I'm broke with no credit. With all that said I want out, I can't live on my income as it is and pay her until one of us dies. I have a letter from my accountant, my trustee and my doctor attesting to these issues. Since I don't have a ton of money to pay lawyers fees I was wondering if there was a possibility of getting help with the paperwork from one of their support staff? I'm in the west end of Ottawa and would appreciate any and all help from anyone. Thanks
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Old 04-06-2018, 04:03 PM
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arabian arabian is offline
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A few questions:

1. How much in arrears do you owe and have you been paying the arrears?
2. How can your ex collect CPP if she hasn't worked? Or is it a very small amount from when she worked in the past?
3. How long were you married?
4. If you did a consumer proposal then, like bankruptcy, are you not required to complete monthly budget forms and pay an "overage"? If so, you might end up paying an "overage" amount to the trustee which equals the same as what you are paying in SS. Keep in mind as well that SS is 100% tax deductible for you.
5. "self-sufficiency" is a general term. Did you have a date for review set up in your separation agreement? For example, 5 years after separation agreement was signed? Have you had any reviews?
6. Do you both exchange financial information every year?

Before you do anything I'd recommend getting the answers to these questions. If you were in a long-term marriage, and the total of the number of years you were married + her age at separation exceeds 65 then you would be in a situation where support is to be paid indefinitely. Those 'review dates' are extremely important because you can go to court without having to first prove a Material Change of Circumstance and perhaps have her income imputed.

Poorly-written separation agreements (where people penny-pinch) can be very costly in the end. Same goes for your situation now. If you are as poor as you claim to be you should be able to obtain legal assistance through Legal Aid - you can look information on qualifying for Legal Aid online.

Last edited by arabian; 04-06-2018 at 04:10 PM.
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Old 04-06-2018, 05:12 PM
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I was married for 18 years, she was working while we were married and worked for cash a couple of years after. I had a review about 5 years ago and my payments were changed from 1500.00 to 1100.00. I was making payments to FRO up until December I believe, then they started taking half of my CPP. I did a monthly budget which ended up in the negative but I still have to pay. I have no idea what you are referring to about "overage" and I don't do a monthly budget. We were supposed to be exchanging financial info but that stopped after a few years. There is no date for review. I am married again, we live in Constance Bay and had the flood last spring. So far our expense to repair the house has amounted to 45,000 which my wife is paying for most of it. She worked for the Government and had to come out of retirement. She is also paying all of the household expenses except the mortgage, which I'm paying 400.00 a week. I am taking a dividend from my company of 800.00 a week. on the advice of my accountant. So i make 3466.66 a month, plus 688.00 for CPP My mortgage is 1733.33 plus 650.00 for my consumer proposal, I pay 223.00 for life insurance and pay my own gas and expenses. If I were paying her the 1100.00 a month that leaves me with 438.33 to cover my expenses for the month. I don't have any RRSP's they went to pay lawyer fees.
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Old 04-06-2018, 06:09 PM
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Quote:
Originally Posted by jimb View Post
I was married for 18 years, she was working while we were married and worked for cash a couple of years after. I had a review about 5 years ago and my payments were changed from 1500.00 to 1100.00. I was making payments to FRO up until December I believe, then they started taking half of my CPP. I did a monthly budget which ended up in the negative but I still have to pay. I have no idea what you are referring to about "overage" and I don't do a monthly budget. We were supposed to be exchanging financial info but that stopped after a few years. There is no date for review. I am married again, we live in Constance Bay and had the flood last spring. So far our expense to repair the house has amounted to 45,000 which my wife is paying for most of it. She worked for the Government and had to come out of retirement. She is also paying all of the household expenses except the mortgage, which I'm paying 400.00 a week. I am taking a dividend from my company of 800.00 a week. on the advice of my accountant. So i make 3466.66 a month, plus 688.00 for CPP My mortgage is 1733.33 plus 650.00 for my consumer proposal, I pay 223.00 for life insurance and pay my own gas and expenses. If I were paying her the 1100.00 a month that leaves me with 438.33 to cover my expenses for the month. I don't have any RRSP's they went to pay lawyer fees.
1. so they are garnishing your CPP/OHS. Typically they take 50% if you don't make an arrangement. Talk to your FRO worker about a VAPS.

2. Your new wife, and her circumstances, are only relevant to show income into your home. This is something you MUST show on your financial statement. A financial statement (available online) is required for any response or action in court.

3. If you can "opt" to take XX amount of money then you can also "opt" to take more money.

4. The consumer proposal will likely go against you as it has alleviated your financial debt and put you in a better position to pay support.

If you are smart you will seek legal advice.

Here is the financial statement. If you go online there is much help on completing it. It has to be sworn before it is accepted and entered into court.

http://ontariocourtforms.on.ca/stati...3/flr-13-e.pdf

Last edited by arabian; 04-06-2018 at 06:17 PM.
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