Do these lawyers help Canadians? Ontario, Canada. A divorce, settlement and this is regarding spousal support. Will this

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Customer: Do these lawyers help Canadians?
JA: What state is this in? It matters because laws vary by location.
Customer: Ontario, Canada
JA: What steps have been taken so far?
Customer: A divorce, settlement and this is regarding spousal support.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Will this lawyer be familiar with the laws of Ontario, Canada?
Answered by Debra in 7 hours 2 years ago
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Debra
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Debra
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Debra
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164880 Satisfied customers

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What action should I take to recover an over payment of spousal support?

Customer: Hi. My name is Susanne *****. I live in Innisfil. Pursuant to an agreement signed by my partner/spouse when he was divorcing his wife,(and filed with Revenue Canada) he agreed to pay spousal support to ensure that their combined personal monthly incomes would be split equally with each other.

JA: Is there an agreement regarding alimony? Or a court order?

Customer: An agreement drawn up by his ex-spouse's lawyer and signed by both.

JA: What's the monthly support payment in this case?

Customer: He has been paying over $600. for 10 years.

JA: Anything else you want the Lawyer to know before I connect you?

Customer: No payment was specifically mentioned in the agreement, only that my partner should pay her enough that their monthly incomes were equal.

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am a lawyer in Toronto. I love Innisfil though. My family used to have a cottage there for many, many decades.

I am sorry to hear of this difficult situation.

Are you asking this question for your spouse?

Why do you believe he has overpaid support?

Customer
I am asking for my spouse. We have been together since 2006 and we have both been divorced from our previous spouses since 2008. In calculating the amount of the spousal support, at no time was the amount of Bruce's payment (the spousal support) included in his ex's income. In other words, the amount Bruce has paid his ex over all these years (namely more than $76,000.00) was never factored in when calculating the amount of spousal support Bruce was required to pay her each month. The formula we used to calculate each payment was to total up all of Bruce's income (OAS, CPP and Omers) total up all of his ex's income (OAS, CPP and a disability pension she has received for years) and Bruce's support payment would equalize the two incomes. But, as I said, at no time was the support payment she has received every month, factored into the amount of the support payment he has paid each and every month since 2010. You would be welcome to call both Bruce an I at(###) ###-####to discuss all this. Thank you
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Debra, Expert

I don't take calls.

I don't know how you worked out the amount. But first, there is no way a court would go back all these years. At the very most they would go back 3 years but even then they would need a very good reason why this was left this long. They could address spousal support payments going forward.

If you want to see what a court would likely order use this online support calculator that you can use for free. You should look at the mid-range:

https://www.mysupportcalculator.ca/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Thank you very much for getting back to me and for the information you gave me. Just for your further information, how this amount was calculated was initiated by Bruce's ex's lawyer based on information provided to him by Bruce's ex. The calculation used was add up Bruce's income, subtract his ex's income and Bruce would pay spousal support so that both his income and his ex's were the same. (Equal income splitting as per an Agreement prepared by the ex's lawyer and signed by both Bruce and his ex) The reason Bruce accepted the ex's lawyer's figures is this had been a really messy separation (and divorce) after 40 years of marriage and Bruce's ex ending up under psychiatric care. When we got the lawyer's letter it was like this is finally over and we can get on with our new lives together so Bruce started sending her $628.64 per month as per that letter. Just recently Bruce's OAS (and mine) were reduced as a result of my going back to work (I am 76 years old) and my earnings put us over the limit to be eligible for the Guaranteed Income Supplement . As a result (since Bruce and I had filed our income taxes jointly) the GIS was taken from both of us ( plus we are paying back the over payments in monthly installments in further deductions to each of our OAS payments. We therefore decided that since Bruce's income has been reduced then so should his monthly spousal payments. That's when we discovered that at no time had his ex's support payments been included in the income portion of the payment calculations. All because her lawyer took her word for the amount of her income back in 2009 - not advising her that her monthly spousal support payments should have been included in the calculation he made on December 3, 2009 setting out the new spousal support payment effective January 1, 2009 as $628.64. Ever since then, the only changes to this figure have been as a result of Bruce's ex calling and demanding half of every little increase to any of Bruce's pensions. The reason this was never discussed or discovered until now is, truth be told, I only figured out how to use the equal income formula after our incomes were reduced.
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