Spousal Support

S

sshan

New member
Hi,

I and my ex are married for 6.6 years and I have been paying mid range spousal support and her lawyers wants the spousal support to be reviewed in three years and I wanted to be reviewed in 2 years and this along with my child parenting time is going for trial so my question at the time of trial it will be 2.5 to 3 years so what will happen in general when reviewed ? Can we request for end date and so how many years generally we need to pay?

Through motion I have imputed 29,000 dollars and she is deliberately doing the basic job when she has done CPA. Your thoughts will be highly appreciated?

Regards

SSHAN
 
My guess - you'll be paying 3 years by the time of final decision. If entitled, ss would continue with a review date in another 2 years with a strong push to self sufficiency. Hopefully you'll come to an agreement then or else you'll have to go back to court to end it. Courts prefer review dates over end dates when it comes to needs base.
 
Hi,

Thankyou for the response . Based on your response it wont exceed 6 years of marriage ? and I have a settlement conference coming and I will agree to 2.5 years of review date and then push for end date .

Can we question based on the division of the property she will be self sufficient ?

Regards

SSHAN
 
There are too many variables to know for sure but assuming it's just the typical you work and they don't, I would think duration would be slightly less than your length of relationship. At trial, you would push for no spousal but have offers now with a review date at year 3 or 4 to avoid trial.
 
StillPaying said:
There are too many variables to know for sure but assuming it's just the typical you work and they don't, I would think duration would be slightly less than your length of relationship. At trial, you would push for no spousal but have offers now with a review date at year 3 or 4 to avoid trial.
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Agreed. 6.6 years is a very short marriage. Talk to a lawyer OP. There are good lawyers that could make that 0.0 years of SS in most cases. Again, like SP says... "too many variables to know for sure".

Usually on a short marriage like this... it's max 1/2 the duration of the marriage and in many cases 0.0 years. Its all about how good of a lawyer you have...
 
A good lawyer can make all the difference! My thinking is that if entitlement is found in a short marriage, it's more likely to be closer to 100% of length.
 
Hi,

I will give a background of my case . I 'm making 1,00,000 and she was making 30,000 and then she was laid off and for 1.5 years she didnt work and then called off the marriage and with motion she getting 1000 dollars with a imputed income of 30,000 and there lawyer is not agreeing for a end date but they wanted a review date so I'm not sure whether to agree to 2.3 years of review date or go to trial and ask for a end date . Your thoughts will be highly appreciated as i'm self represented.

Regards

SSHAN
 
Well let’s see. You will wait 2 years to get in front of a judge who may or may not agree to 2.5 years. BUT you will be paying legal and court costs and if she is offering what you will get anyway then she may be entitled to costs which is more money you are out. So ask yourself if fighting her is cheaper than agreeing.


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sshan said:
Hi,
...there lawyer is not agreeing for a end date ...
SSHAN
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Don't believe a word of what their lawyer says. They are paid to screw you over.

Find your own lawyer, at least to get an idea of what a "fair" settlement would be and go from there. Once you know what a fair settlement would add up to, compare it to what your ex is offering and determine if it makes sense to just pay her off. Or to counter offer and save some money.
 
Hi ifonlyihadknown ,

There are not ready for an end date but they wanted to review it in 2.6 years for 6 years marriage but my concern is my ex is deliberately not working more than the basic salary and I'm wondering how long will I pay as the divorcemate calculation says from 3.25 years to 14 years.

I'm also paying in mid range and 1 year is completed so no idea as whether to go for trial or agree to 2.6 years review and then go back to to the court for an end date?

KKC,

My son is 6 years old and i'm paying the full child support and my ex took off from the place where she lived and moved to another city which 75 kms from my place and there are not in a position to give my son for long weekends, summer vacation etc holidays and I offered to settle but my ex is not willing to settle and she wants to have my son every 2 weekend only. No mid week and no holidays so wondering whether to take the spousal support along with the child for trial . Your thoughts will be highly appreciated.

Note : No notice was provided by my ex while moving and the status quota is not yet established.

Regards

SSHAN
 
My thoughts...her moving away like that was horseshit
I'm sorry that happened

I would try to settle fast of the other side has any sense of reasonableness
 
sshan said:
Hi ifonlyihadknown ,
I'm wondering how long will I pay as the divorcemate calculation says from 3.25 years to 14 years.
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Have you read the SSAG? If you haven't, you should.

7.5 The Formula for Duration
As with amount, duration under the without child support formula increases with the length of marriage. Subject to the provisions for indefinite support (duration not specified), the formula generates ranges for duration with the ends of the ranges determined as follows:
  • a minimum duration of half the length of the marriage and
  • a maximum duration of the length of the marriage.

All the more reason, if you haven't already, to get some independent legal advice. A good family lawyer should be able to give you a ballpark idea of how things are likely to shake out.
 
What the HELL is all that crap?

For a marriage lasting only a bit over 6 years there shouldn't be any spousal support at all! The hell say no and let her bring this to court if she wants to. The onus would be on her side to convince the judge that she is entitle to that support. You can prove on your side that you did your share to help her to achieve that goal for the year you have paid but that is enough.

You gave her a year already, that's enough to settle an be self-sufficient. Is she young? Does she has health issues for not working? Does she has a degree? What kind of education? Experience? Did she and where she worked before? Have she had made any effort to find a job lately? (job search, interviews, letters of acknowledgment from employers, letters from employers confirming the status of the job following the interview)

You are self-represented as I did for my case. I said no to her asking 700$/month and I won my case for a 15 years of marriage.

STOP paying right now and show that you already help her enough.

Look at the following rules concerning short marriage. (less than 20 years) and the rule 65.

https://www.separation.ca/help-cent...20th-year-of-marriage-indefinite-spousal-sup/

https://hoflaw.com/spousal-support-marriages-of-20-years/

Build up your case with those information. Don't forget that after SS is ordered, it is a pain in the ass to have it reviewed later on and more pain in the ass to have it removed. Google on spousal support with key words and get as much as direction to justify your position just then. Look at the factors for long term marriage for comparison.

Do not rely only on the SSAG. Those are only a tool for a first point to start off.

https://justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/toc-tdm.html

Remember that each case are unique and treated as case by case.

Most of the errors the poster will make is accepting the offer being proposed by the OP. Remember that the offer made by the lawyer of your ex-partner is to accommodate his client only. Not you. He doesn't work for you, he represent the other side only.
 
mafia007 said:
What the HELL is all that crap?

For a marriage lasting only a bit over 6 years there shouldn't be any spousal support at all! The hell say no and let her bring this to court if she wants to. The onus would be on her side to convince the judge that she is entitle to that support. You can prove on your side that you did your share to help her to achieve that goal for the year you have paid but that is enough.

You gave her a year already, that's enough to settle an be self-sufficient. Is she young? Does she has health issues for not working? Does she has a degree? What kind of education? Experience? Did she and where she worked before? Have she had made any effort to find a job lately? (job search, interviews, letters of acknowledgment from employers, letters from employers confirming the status of the job following the interview)

You are self-represented as I did for my case. I said no to her asking 700$/month and I won my case for a 15 years of marriage.

STOP paying right now and show that you already help her enough.

Look at the following rules concerning short marriage. (less than 20 years) and the rule 65.

https://www.separation.ca/help-cent...20th-year-of-marriage-indefinite-spousal-sup/

https://hoflaw.com/spousal-support-marriages-of-20-years/

Build up your case with those information. Don't forget that after SS is ordered, it is a pain in the ass to have it reviewed later on and more pain in the ass to have it removed. Google on spousal support with key words and get as much as direction to justify your position just then. Look at the factors for long term marriage for comparison.

Do not rely only on the SSAG. Those are only a tool for a first point to start off.

https://justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/toc-tdm.html

Remember that each case are unique and treated as case by case.

Most of the errors the poster will make is accepting the offer being proposed by the OP. Remember that the offer made by the lawyer of your ex-partner is to accommodate his client only. Not you. He doesn't work for you, he represent the other side only.
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Just curious how you argued and won your case on SS for a marriage of 15 years. On a face value, 15 years looks like a slam dunk for SS receiver. That must have been a feat. Do you have thread on that?
 
ottawaparent said:
Just curious how you argued and won your case on SS for a marriage of 15 years. On a face value, 15 years looks like a slam dunk for SS receiver. That must have been a feat. Do you have thread on that?
Click to expand...

No i don't have a thread on that as I joined the forum only at the stage where i had a hard time to have access to my kids and my share of property.

Under 20 years is called a small marriage, so 15 it is. What everyone should know is that SS is not granted and if there is a good reason to challenge it, then it should as the payor might be stuck with this for life. The other thing, in court you can always ask the judge in the alternative it is ordered, to be temporary until she settle, reviewed in XX months, gradually reduced... anything to show that you are not willing to pay for the rest of your life.

My case was with children. The equation always put priority to CS and then SS. So basically, there was no other room for SS after CS was paid including all the other factors that make my ex-spouse to request 700$ a months an unreasonnable demand.

Accepting to pay SS out of a court order is pretty risky and might tigh you for long. Even though there is conditions. If you go that route, i would suggest you take your agreement you have settled with lawyers' advice and convert it into an order that you will request the Register of the Court to approve it by a judge. This way, the conditions you have advanced will be in concrete and hard for the other party to argue it in the future.
 
Good to know- What everyone should know is that SS is not granted When you say no other room for SS after CS was paid. I guess that is because your income, if any SS was ordered would have left you in disadvantage for meeting basic needs and or would have made your ex having significant more income than you? Was your ex working at all in the 15 years, did that play a role in your argument of no SS?
 
That's the thing. She had her own business at home and was deducting every expenses of the house to lower her income down from 40K to 13K. Did not make any sense and the godam SSAG was favouring her a good range of SS.

So I had to argue with the judge that the expenses she was deducting from her revenue were also expenses I was to pay from my net revenue for my own house. Also, a portion of the CS is suppose to go towards such expenses of her house to the benefit of the children. Adding several other arguments I had pointed previously helped me to win my case.

Just to say that you point something else very important. You must show that at the end, each of you are about or around the same financial level of leaving. If one is showing a disadvantage in meeting basic needs, the onus reside on their side to prove it.
 
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