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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 07-05-2010, 03:22 PM
ONdad ONdad is offline
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Do the spousal support guidelines look to bring the supportee up to 45% of the higher wage earner's net income, or 45% of the combined NDI?

If spouse A makes $100,000, and spouse B makes $35,000 (all figures net), would spouse B get roughly $10k or would they get about $25k?
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Old 07-05-2010, 04:40 PM
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Quote:
Originally Posted by ONdad View Post
Do the spousal support guidelines look to bring the supportee up to 45% of the higher wage earner's net income, or 45% of the combined NDI?

If spouse A makes $100,000, and spouse B makes $35,000 (all figures net), would spouse B get roughly $10k or would they get about $25k?
They look at NDI - so you have to list your expenses etc - total crap to have to be tied so closely to your ex. You should split according to income (if you are in to balancing incomes, which I'm not!) - who care how you spend the money and what your NDI is, it should be based on incomes, not NDI anyway...

Anyway, you don't have to follow the guidelines, you can come up with any agreement you can agree to.
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Old 07-06-2010, 01:16 PM
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Billm is correct...well to a point. Obviously a bit of a sore spot for him.

Yes, you can negotiate pretty well anything you want, and as long as both parties have independent legal advice, you are all set. (Caveat...Child Support is LESS flexible....)

The standard determination of Spousal support goes off your Net Disposable Income....it brings the lower earner up to 45% of the higher earner for a preset period of time. (typically 6 months to 1 year per year of marriage....some provinces have special clauses regarding "common law" marriage....check your provincial laws or contact a legal professional)

Yes you can negotiate otherwise...but if the other party is insistent on being stubborn, then this gives the court system a common methodology to apply.

Is it perfect...not hardly.
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Old 07-06-2010, 01:18 PM
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Quote:
Do the spousal support guidelines look to bring the supportee up to 45% of the higher wage earner's net income
This one if I recall correctly. Lower income earner brought to 45% of the higher income earner.
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Old 07-06-2010, 01:58 PM
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Thanks guys.
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