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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 01-03-2019, 12:23 AM
Nikolina Nikolina is offline
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Default Spousal Support

Hello,

Just seeking some advise from more seasoned divorcees:

My ex broke his leg in 2015, undergone a surgery and was dismissed by his doctor to work a month after. After returning to a full time schedule he was laid off. He enjoyed EI payments until it ran out, refusing looking for new employment. We have separated in 2017.

We lived together for 15 years. We both had equal opportunity to study and work, none of us was stayed at home parent and I was primary caregiver to our daughter who is now 15.

We sold and split the proceeds of the matrimonial home. For the last year, he was living off his portion and working for cash in 2 of his businesses, declaring just enough income to offset his expenses, therefore his income was 4k for last year.

He is suing me for retroactive spousal support now, claiming that he had health issues preventing him from work as an electrician. He is working now, but was without job for over a year since our separation.

What are the chances of him getting it?

Is there are any official medical document I can request to prove his "disability" in court?
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  #2  
Old 01-03-2019, 08:31 AM
rockscan rockscan is offline
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Did you beat him with a stick to cause him to break his leg? Did you stop him from going back to work?

If the answer is no then the likelihood of him being successful in his claim is low.

SS is mainly for a spouse that gave up their career for the betterment of the other spouse. Example: a spouse that stayed home to raise the kids or a spouse that moved for one career etc.

Get a lawyer to respond.
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Old 01-03-2019, 09:57 PM
StillPaying StillPaying is offline
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SS is also awarded to equalize the incomes, in which case he would have a higher likelihood of success.

If he hasn't worked full time in 4 years and can't return to his career as an electrician, then he may have a reasonable claim for support. If you have a decent income, it seems more likely to me he will be successful.

Your ex should be on ODSP, CPPD, etc and/or they should provide a medical letter saying what their issues are. Then you can question them at trial.
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Old 01-03-2019, 10:14 PM
Nikolina Nikolina is offline
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Quote:
Originally Posted by rockscan View Post
Did you beat him with a stick to cause him to break his leg?

Get a lawyer to respond.
Sometimes I wish I did! LOL

No, he broke it while skiing. Moreover, he is leading very active lifestyle, skiing, rollerblading, etc...

His grudge is against me that I initiated the divorce and he decided to express his revenge like that.

I am curious if I should hire a private detective to prove his activity... I have saved some pics from his facebook, before he got smart enough to remove them but no dates on them....
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Old 01-03-2019, 10:18 PM
StillPaying StillPaying is offline
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Is he paying child support? Are you trying to impute an income on him?
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Old 01-03-2019, 10:18 PM
Nikolina Nikolina is offline
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Quote:
Originally Posted by StillPaying View Post
SS is also awarded to equalize the incomes, in which case he would have a higher likelihood of success.

If he hasn't worked full time in 4 years and can't return to his career as an electrician, then he may have a reasonable claim for support. If you have a decent income, it seems more likely to me he will be successful.

Your ex should be on ODSP, CPPD, etc and/or they should provide a medical letter saying what their issues are. Then you can question them at trial.
He hasn't worked in 3 years and yes there is significant difference in incomes. But he wasn't on any type of disability, merely willingly underemployed to punish me financially. No child support was paid and no contact with our daughter from his side. His grounds for support is that I left him while he was unemployed and therefore owe him money fro that...

He is working now, but I don't have info on his salary.
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Old 01-03-2019, 10:20 PM
Nikolina Nikolina is offline
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Quote:
Originally Posted by StillPaying View Post
Is he paying child support? Are you trying to impute an income on him?

Not a cent of child support since separation. I will be asking for imputed income, not sure how likely it is to get retroactively since his declared income was almost $0....
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  #8  
Old 01-03-2019, 11:32 PM
StillPaying StillPaying is offline
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If he's under/unemployed, then you would have to get his income imputed for child support.

However, if he can't work full time, make a similar income or need retraining, then you may owe spousal support. CS too, if he goes for shared custody.
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Old 01-04-2019, 12:21 AM
Nikolina Nikolina is offline
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Quote:
Originally Posted by StillPaying View Post
If he's under/unemployed, then you would have to get his income imputed for child support.

However, if he can't work full time, make a similar income or need retraining, then you may owe spousal support. CS too, if he goes for shared custody.

He had no interest in maintaining relationship with our daughter, she is 15. Has not seen or talked to her since a year ago. She also, doesn't want to communicate, let alone live with him.

He works full time now.
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