How to Tackle the Issue of Spousal Support in Your Separation or Divorce and Find a Real Solution to This Tricky Issue!
Do you know that are some steps you can properly take to reduce your spousal support payments to your former spouse?
I will review this important issue in this video.
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
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In a recent case, for example, the family court judge found that the stay-at-home mother of three children should have been earning a reasonable income and made what’s called a step-down order when she was not making real efforts at getting a job.
The wife had significant education and training before her marriage. At the time of her marriage, she was working part-time as an ESL teacher. Before the birth of the first child, she obtained additional contracts so that she was employed on a full-time basis.
She also completed additional courses in math, marketing, French and computer science during the marriage. Eventually, the spouses agreed that the wife would stay home to look after the children.
The husband argued in court that his wife had a duty to contribute reasonably to her own support. The court agreed. Since separation, the wife had not advanced her employment or employment prospects in any way, only taking on course work or very short-term assignments.
The children were now aged 13, 11 and 10. The court rejected the argument that the role of homemaker for three school-aged children meant that the wife did not have to make any meaningful efforts at employment or retraining. ‘
The court imputed income to the wife in the amount of $25,000 a year. This mean that the court found that the wife should have been making at least $25,000 a year even though she was not actually doing that.
The court also found that the spousal support payments should be lowered for the next three years and then end or terminate on a specific date. The court explained that this would provide the wife with overall support for almost then years and would give her a reasonable period of reintegration into the workforce.
When you are negotiating a separation agreement or court settlement with your former spouse, you should consider putting a review clause in your agreement so that the payment of spousal support and the amount of the payments are reviewed after a certain period of time, such as 3 or 4 years, has passed.
You should also consider a settlement in which you pay spousal support to your former spouse in smaller amounts over a few years. This called the step-down approach since payments are lowered over a period of time.
If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-434-8837 and I’ll point in you in the right direction.
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