My ex wife had a child with somebody else can I now stop spousal support because they are common law in Ontario Canada

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Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Spousal support is NOT automatic. The party seeking it would first need to establish need and/or economic hardship. In many situations, the mother typically would stay home with a child for a number of years which would stunt her career growth and earning potential. Spousal support would help compensate her who lost out on those career opportunities. Economic hardship can result after a separation and spousal support can help her (or him) get back on their financial feet again.

The general factors looked at are: 1. Length of relationship 2. Financial situation of both parties 3. Role each person played in the relationship and 4. Whether the person asking for spousal support needs it to become financial independent. This is a very fact specific exercise. There are some guidelines similar to the Table amount for child support, but they are just guidelines.

Here is a link to an online calculator using the guidelines. https://www.davidsonfraese.ca/spousal-support-calculator/

How long did you agree to pay spousal support for?

If it's overturned, then the court will take a fresh look at it.

They would take a holistic look at her income situation. If there is a big swing in either direction, then spousal support could be modified.

If child support was awarded as “compensation” – staying home with the kids while you advanced your career, then it’s likely it would continue. If it was awarded because of “need” and she then went into another relationship and her household income went up substantially, then she would no longer need any more money from you.

Then you would have an argument as to why it should stop.

Yes, they would look to any lump sum payments you made.

Yes.

Very difficult to say without going through each factor carefully. Here is a link to an online calculator using the guidelines. https://www.davidsonfraese.ca/spousal-support-calculator/

If the court orders 5 years of payments, then the lump sum would go towards that total amount.

For your second question, likely not.

For example: if it's $100 per month and 5 years is ordered, then that would be $6000. If you made a $2000 lump sum payment, then it would be $4000 owing over 5 years or $66.67/month.

No spousal support owing.

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