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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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  #11  
Old 02-07-2008, 05:12 PM
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LOL poor Beth, it would appear you have a lot to learn about family law and lawyers. The fact that a lawyer would tell you that you are entitled to any amount of spousal support based on what you have written so far, well lets just say maybe you should save your money and read a little. Anything is possible but basd on facts you stated you will be in for an uphill battle, IMO.

Oh and by the way going after your ex when you are already more than capable, not nice! Goodluck, NOT.....
  #12  
Old 02-07-2008, 09:57 PM
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Quote:
Originally Posted by beth15290
I have consulted a lawyer, and I am entitled to support in the amount of 300-500 per month for a period of 3 - 4 years.

Just for everyones info.
So, assuming the lawyer is right, you're talking about a minimum of $10,800 and a maximum of $24,000 based on your numbers above. Is it really worth it to drag you and your ex through the emotional strain of a lengthy court proceeding for that money, especially when you will easily pay $10,000 to that lawyer to represent you.

I say not worth it, let it go. Why not get your ex to give you first and last months rent to "get you on your feet" and then walk away looking forward.
  #13  
Old 02-08-2008, 08:26 AM
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I echo your position.
This is what makes it difficult for the honest individuals that "need" help and have no means or little self support.

If a person looks, they will certainly find a lawyer that is willing to go to court for them, they are in it for the money too. You're paying them to do your bidding, you pay them they go to court and do what you tell them.
Being able to find a person that will do this even though you're quite able to work still does not make it right you’re only lucky to have the lawyer willing to it.

It’s still awful to know people are manipulating the system to their benefit and at the expense of others. Do you not care that you would be taking away from this individual’s standard of living? Not to mention his children’s when they visit with him?
He needs to maintain himself in order to provide a decent place for his children to come and spend quality time with him. If he is unjustly paying you $500 a month how is he going to maintain that?
  #14  
Old 02-08-2008, 10:55 AM
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I agree with AndrewsKim

And Beth, I have news for you. When it comes to Spousal Support, no lawyer can tell you what you are entitled to. There are no "rules" or hard fast "calculations" that can ber made. It's highly subjective and you will have to prove that you have a need for this money and he has the means.

You are wasting everyone's time. Get a full time job and stop trying to leech off someone else.
  #15  
Old 02-08-2008, 12:07 PM
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I have spent a few days pondering how to tell Beth exactly what you have all been saying, but without actually slamming her. So, yeah, I agree with what everyone else has said. Move on and leave the guy alone.

but...

There's just something about the way these posts are written. Beth's facts clearly show that she is not entitled. No candy coating at all.

I've had the distinct impression that our original poster is actually Beth's ex trying to figure out if she can hose him. Just sounds like the facts are coming from him, not her.

If that's the case, don't worry about it Beth's ex. I don't think a judge would rule in her favour.
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Old 02-08-2008, 12:11 PM
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There is a calculation. It is based on the gross incomes combined minus his previous child support of 500 month and then 40 to 46 percent of the combined income. this is the law and that is the calculation.

The lawyer has quoted facts. That is the hard truth.
  #17  
Old 02-08-2008, 12:13 PM
beth15290 beth15290 is offline
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i am definitely not beth's ex. I want the facts, i am trying to be factual, not emotional.
  #18  
Old 02-08-2008, 12:23 PM
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From my understanding it's 1½ to 2% of the difference between both gross incomes for each year & the duration is ½ to 1 year support per year of the 'marriage'. If the person also pays child support, that will lower his gross income greatly & bring it that much closer to yours, thus reducing what you _might_ get. Anyone can do the math, that doesn't mean that a judge will award it, and you're out the costs of taking it to court over greed.
  #19  
Old 02-08-2008, 12:28 PM
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Since I can't edit, I should also note that if awarded, you have to include it on your income tax which will change your income/tax level possibly causing a tax owing at the end of the year.
  #20  
Old 02-08-2008, 12:35 PM
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You are right of course if I get it in monthly payments. Lump sum payment though is not taxable. It will come off the sale of our house.
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