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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3360
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My ex girlfriend which I was in an adult interdependent

Customer Question

Hi. My ex girlfriend which I was in an adult interdependent relationship with to August of 2014 has recently served me, requesting spousal support in the amount of $4500. She has stayed in the house that I own since we separated and I have paid child support as well as the mortgage and all the bills. Her lawyer has produced a consent order after a meeting we had listing spousal payments for 12 months of $3397 and child support of $1303. My question is, is this realistic since she has decided to stop work and go back to school and refuses to move out of the property. My 2015 income was $151,000 and hers was $22,800.00. My current income will not be 151,000 and the amount combined of $4600 is 3/4s of my current net income.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: alberta canada
JA: Have you talked to a lawyer yet?
Customer: previously when I filed for parenting time
JA: Anything else you think the lawyer should know?
Customer: other than I have been paying $1485/month for the past two years child support and have not been technically served yet. apparently there is a court date on the 30th.
Submitted: 3 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 3 months ago.

Hello, thank you for the question.

When is your court date? 30th of August? Do you have a lawyer for that?

Customer: replied 3 months ago.
no
Expert:  Ulysses101 replied 3 months ago.

So, August 30?

Customer: replied 3 months ago.
Expert:  Ulysses101 replied 3 months ago.

Have you done responding materials for the court case? What is she asking for? Only spousal support?

Customer: replied 3 months ago.
no I have not done responding materials for the court case, I have not technically been served. The Applicant emailed me the previous service which had an August 10th court date, when I was away working out of town. I have not seen a new one.
Expert:  Ulysses101 replied 3 months ago.

So how do you know that you have court on August 30?

Customer: replied 3 months ago.
I asked her lawyer during the meeting we had.
Customer: replied 3 months ago.
the intial court date I was not served previous to the date and had no knowledge of the hearing. obviously it was adjourned because I was a no show I guess.
Expert:  Ulysses101 replied 3 months ago.

Well, if you haven't been served then you don't have to go to court. But they might say that you have been served. Go to court and look at the file to see if they are claiming that you were served.

There's a lot of money here, you certainly should have a lawyer to help you here. I hope you've been looking for one.

Go to mysupportcalculator.ca and use their basic free version of the spousal support advisory guidelines, that will give you a range of supports. See where their proposal fits into the recommended range of amount and duration. Play with the numbers, both for 2015 and current incomes, and for her imputing incomes of various levels. And as you say, if she's living in your home and you're paying the bills, you certainly should get credit for that too. Don't just accept her lawyer's offer, obviously they are going high.

And the best advice is, get a lawyer, start gathering the information needed for your documents, think about what you want in an order, and instruct counsel appropriately.

Anything else to discuss?

Expert:  Ulysses101 replied 3 months ago.

Did you read my answer? Did it help or give you a starting point?

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