How much SS am I gonna pay?
- Thread starter skreeks
- Start date
Tayken
Well-known member
With regards to spousal support it should be 0$ but, there are many factors to consider and you should talk to a lawyer.
With regards to CS that is easy to figure out.
If the other parent has "majority access" of the child you would pay: $880
If the child resides equally (equal access) on a 50-50 basis: $334
Good Luck!
Tayken
ifonlyihadknown
New member
It's a two step process.
First is to determine if any SS is due. This can be because your STBX sacrificed her career for the marriage/child and is now disadvantaged. It could be because she would be destitute without the SS, which doesn't seem to be the case here.
If SS is due, the second step is to determine the amount and duration of SS. For amount, have a look at https://www.mysupportcalculator.ca/calculator For duration, it is usually between 0.5 and 1 year for each year of marriage. If your STBX's age plus the years of marriage is 65+ then the "Rule of 65" kicks in and you're screwed. Hopefully this doesn't apply.
Also have a look and read of the SSAG (Spousal Support Advisory Guidelines) at Spousal Support Advisory Guidelines
Good luck! SS is a real mess. No real rules, only guidelines and a lot of jurisprudence.
First is to determine if any SS is due. This can be because your STBX sacrificed her career for the marriage/child and is now disadvantaged. It could be because she would be destitute without the SS, which doesn't seem to be the case here.
If SS is due, the second step is to determine the amount and duration of SS. For amount, have a look at https://www.mysupportcalculator.ca/calculator For duration, it is usually between 0.5 and 1 year for each year of marriage. If your STBX's age plus the years of marriage is 65+ then the "Rule of 65" kicks in and you're screwed. Hopefully this doesn't apply.
Also have a look and read of the SSAG (Spousal Support Advisory Guidelines) at Spousal Support Advisory Guidelines
Good luck! SS is a real mess. No real rules, only guidelines and a lot of jurisprudence.
Tayken
Well-known member
trinton
Banned
Well, I know for a fact that if your incomes were reversed, and she made $110,000, and you were the father with $60,000 seeking SS, then this forum would tell you your SOL. (http://www.ottawadivorce.com/forum/f5/being-male-will-possibly-get-spousal-support-21384/)
So I am inclined to tell you that your ex is SOL. Unless Arabain believes that the laws will all of a sudden change now that the shoes are on the opposite feet.
This is about to get very interesting.
Tayken
Well-known member
Here is some bad advice...
Generally, the payable SS on the 100k vs 60k is small if even required at all. (See the SS guidelines.) If you demonstrate you are going to resist the request and the lawyer on the other side is any good at what they do... They will do a risk assessment for their client as to what it would possibly "cost" to get SS.
Basically, if you demonstrate that they are going to have to spend more than they will get on legal fees to "win" SS... They will back off. There is a point at which this kind of SS isn't worth going after... When you have to go on motion or to trial.
The reality is that this kind of SS is not easily determined and does require the courts' assistance and requires a judge to throw some darts and consult a ouija board. So, barring nonsense like not providing financial disclosure, the costs risk gets lowered because it is a complex issue requiring judicial input.
So, the cost recovery is probably only about 15-50% of spend. If you make them spend 100,000k to go to trial... they will never recoup the 50,000 through the crappy and short-term SS they will get. They will back off...
Yes, this is bad advice. Horrible... But, it is a reality.
Generally, the payable SS on the 100k vs 60k is small if even required at all. (See the SS guidelines.) If you demonstrate you are going to resist the request and the lawyer on the other side is any good at what they do... They will do a risk assessment for their client as to what it would possibly "cost" to get SS.
Basically, if you demonstrate that they are going to have to spend more than they will get on legal fees to "win" SS... They will back off. There is a point at which this kind of SS isn't worth going after... When you have to go on motion or to trial.
The reality is that this kind of SS is not easily determined and does require the courts' assistance and requires a judge to throw some darts and consult a ouija board. So, barring nonsense like not providing financial disclosure, the costs risk gets lowered because it is a complex issue requiring judicial input.
So, the cost recovery is probably only about 15-50% of spend. If you make them spend 100,000k to go to trial... they will never recoup the 50,000 through the crappy and short-term SS they will get. They will back off...
Yes, this is bad advice. Horrible... But, it is a reality.