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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 97440
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My son is paying 'spousal support' to an ex-wife. How is th

Customer Question

My son is paying 'spousal support' to an ex-wife. How is this 'support' affected if his ex-wife is in a relationship with 'the love of her life' who shares the matrimonial home with her. The new man moved in, in April of 2014 and remained with her through the sale of the matrimonial home, moving to another locale, and a (supposed) breakup in December of 2015. My son and his wife were separated in October of 2012 and divorced in 2013. Why would he still have to pay her spousal support if she has already had 'two' - love of her life relationships' during this time?
Thank you
Submitted: 9 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 9 months ago.
Is there an agreement or court order about spousal support and what does either say about the duration of support, reviews, variations and what may be a material change of circumstance?If you don't know then just let me know that too.
Customer: replied 9 months ago.
In March of 2015 there was an order to pay $1,000.00/per month spousal support - no mention of an end date or reviews in the future or change of material circumstance. As far as I know, at this time, if we apply the mandated amount from March, 2015 to cover the entire time they have been separated and divorced my son has overpaid her by at least $50,000.00 during this time period. I don't believe any judge has seen the full amounts that he has paid nor has a judge been apprised of her revenue during that time - with renters and then with her relationship with her live-in boyfriend.
Expert:  Legal Ease replied 9 months ago.
So where did the $1000 come from then?
Expert:  Legal Ease replied 9 months ago.
I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client. I can only speak to you by posting up and back over this site.
Customer: replied 9 months ago.
As this has gone through the system, there was at one time a Separation Agreement almost signed by both parties. The woman then decided she would not sign unless she was given more money (apart from the agreement amounts). This Agreement would have limited the spousal support on a graduating scale to 5 years - with two already paid. The court appearance in March was to distribute some of the money from the sale of the house. The judge ordered that she would get a certain lump sum and my son would continue to pay the child support of $1,100.00 per month (which he has never questioned or not paid) and that she would get $1,000.00 per month. We have no idea what the judge based this amount on.
Expert:  Legal Ease replied 9 months ago.
So if there was no limitation set on how long this would be paid for and nothing about reviews or variations the law is that your son can return to court to seek to vary the order when there is a material change of circumstance. In most cases it is considered to be a material change of circumstance if your son's former spouse enters into a spousal relationship. That would include both a legal marriage or becoming common law spouses with someone. But living together for 20 months does not make the common law spouses and if they no longer live together then a common law relationship was never established.So when she she is in a common law relationship (that is usually after three years in most provinces) then he can apply to reduce or end the support.
Expert:  Legal Ease replied 9 months ago.
I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client. I can only speak to you by posting up and back over this site.

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