Motion to Vary

[frustrated11]

Can anyone second this information about my ex being common law when the child is born with her new spouse?

Thanks

Any real life stories would be helpful.

its on the CRA webiste

[frustrated11]

even if commonlaw they most likely wont reduce SP

[girard]

What U Mean?

I thought SS was to help the ex to move on and become self suffient. Once they are common law.....does that not make the new couple capable to support themselves? Especially if they decide to bring a child into this world!!!

That does not seem fair at all!

[frustrated11]

SS only ends if she legally remarries. I have read this over and over in cases.

Common law does not stop that.

Go to CanLII and see spousal support and common law

See Ont. cases only.

Sometimes they can extend if they are sick. I am asking for ss now because I am sick. I however am submitting medical records.

stop giving false info, my court order has a specific end date, nothing about remarrying

I have friends who are married and received SP

[girard]

Spousal Support....will she still need it?

Ok. So she gives birth and they are considered common law right? Does the new spouse not have support obligations now? CS and SS?? Does her decision to have a child with her new spouse not give up the need for SS from me? She has moved on with her life apparently??? If she is on Mat. Leave and he is bringing home the bacon.....why would she need my $ anymore? I would agree if she was still living alone and dating, but they will be living common law with a child together.

What if her new spouse looses his job? and they don't have any cash......can she come to me for more SS because her standard of living is lower than mine because of thier own decisions?

If they break up.......can she get SS from two people?

I am very confused on this issue. My SS stops after 6 years in total, but if she remarries and has a child......Why am I paying for her new life until the end date?

[girard]

Still digging!

Hello to all.

Well my Ex is about to have her child in the next month or so....and will be living Common Law with her boyfriend when the child is born. I am trying to collect retro payment for the SS adjustment last year $9K + $1.5K for Child Care costs. I proposed to eliminate SS for all time and just pay CS, she agreed to the SS but wanted $200/month more CS because she was going on Maternity leave and that her income would be reduced.

I did not agree that I should pay more money because she is having someone else's child! She does not agree with this and its off to court we go!

Any predictions on the outcome of this one?

Thanks
Girard

[singledad99]

You should see a lawyer and discuss with them filing a motion to terminate the spousal support.

What you have is called a material change which warrants re-examination of the support issue. Support is not a privilege, its a need. Apparently her circumstances since separation have changed and the courts might determine that she no longer needs your support.

[tipper]

Change in spousal after determined living common law

Hey,

Does anyone know what the law is regarding the spousal support payments for someone living common law, is there a 12 month or 3 year period for receiving payments if it is proven that the person receiving these payments is living common law?

[NBDad]

Spousal support is a hardcore grey area. There's no real hard and fast limits on it. It's meant to bring her income up to 45% of your Net Disposable Income for a period of time to allow her to get back on her feet. Whether she chooses to move on with a new relationship or not, that's not relevant unless she totally stops working for good and allows her new partner to support her.

If that happens you can argue to have an income inputted. If you have the kids 50% of the time, you should be paying OFFSET table amount, and should be collecting the CCTB 6 months of the year. (You'll basically get nothing though, you make too much...all it will do is screw her over for 6 months). You should also be able to claim the children on your income tax every other year. (If she doesn't agree to this, do it anyway, CRA will simply take the stance that since you can't agree, noone gets it....won't hurt you any, could very well hurt her).

Make sure you adjust your CS yearly, when you get your new income tax information. If you collect OT during the year, start putting some of it aside in preparation to top up your payments the following year. If you tuck it aside you won't run into the whole going into debt thing the following year and won't have to keep running back to court. You know the more you make in a given year, that the more you will pay in CS the following, so budget yourself accordingly.

[girard]

SS and CS

I spoke to my Lawyer and he recomended that I wash the retro that she owes me and consider it a buyout. I agreed to it but I wish I could have got some money back out of it. My Lawyer said that if I try to get the money back ($11.5K) she will claim bankrupt. So I took his advice and SS has ended for all time.

As far as CS is concerned she is taking me to Court to get more money so that she can go on Maternity Leave to have someone else's Child! I see this as totally unethical and irresponsible of her but I guess a Judge will tell me more. I am paying table amount and have never been late. My Lawyer says she will not get an increase if I just gave her $11.5K, and that I had to give up the retro to look reasonable infront of the Justice.

Has anyone seen this situation before? How is it that an Ex can get pinned for more money for her getting knocked from someone with no job, no car, no home , no license, not a pot to piss in or a window to throw it out of? What kind of world is this?

Frustrated with it all!!!! My kids have been good but I see things getting tense at the Ex's home with the lack of cash flow. She is trying to gouge me for everythting that she thinks is Section 7.

I will post the outcome

Girard

[standing on the sidelines]

well look at it this way, there is a light at the end of the tunnel.

[girard]

Well.....Half of the Outcome

I bought out the remaining 4 years of SS with the $10,500 she owed me from last year. My Lawyer suggested that I seal this deal with out going to court because it may cost me more in the long run.

So I am currently at $800 CS monthly until my children grow, and I am more than happy to pay for my children.

I am awaiting a Court date because she is still wanting more CS because she is on Maternity Leave now. She has had child with another man and therefore feels the need to take me for more money beacause she chose to go on Mat. Leave. My Lawyer is confident that nothing will change due to the fact I just gave her a large sum and that her taking Mat Leave is not my fault, its not manditory and her spouse is not working so he can be with the child.

My Lawyer Fees came out a little heafty on this one....but its almost all over and it feels good not having to pay SS to someone who was raping the system and me.

Stand Tall People....there is a light at the end of the tunnel......You have to be smart about it and fight like hell!!!! But its there!