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Jessica
Consultant
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.
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.
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?
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?
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