I have been paying spousal and child support for 4 years with no agreement in place. I will pay child support today but

Expert's Assistant chat
Customer: I have been paying spousal and child support for 4 years with no agreement in place. I will pay child support today but I do I have to pay spousal support if there is no signed agreement or court order?
Answered by Joey in 5 mins 7 months ago
imglogo
Joey
10+ years of experience
logo

8866 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Joey
logo
logo
8866 Satisfied customers
logo
10+ years of experience
imglogo
Joey
10+ years of experience
logo

8866 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Joey, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

img

Joey, Expert

Good morning – sorry to hear of the situation. You technically are not required to make any payments unless there is an agreement in place or a court order. If you were to hypothetically stop, the other party could go to court and obtain such an order.

Does that help answer your question or did you have any additional questions about this issue?

Customer
Can an order be granted in my absence or would it be a court appearance to determine the amount?
img

Joey, Expert

For spousal support, the other party would need to make a claim at court and you each would be given an opportunity to make submissions before a judge if a settlement cannot be reached. If you don't defend the matter, then an order can be made in your absence.

img

Joey, Expert

Did you have any further questions about this issue?

img

Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
I do have another question.
If my ex was healthy and chose not to find employment while she was healthy, and the end of spousal support is drawing near and she is now claiming suspect medical and mental health issues prevent her from working (she hasn’t applied for any jobs in 4 years) am I going to be held responsible to for her if she manages to convince a judge she incapable of working?
On that note, if she IS incapable of working, how is she then capable of being the custodial parent?
img

Joey, Expert

If she choses not to work, then that would reflect poorly on her should she insist she needs further support because of economic necessity. Some people are incapable of working, but can be the custodial parent. It would depend on her specific medical condition and abilities.

Customer
Hi Joey, another question I have is around the length of the relationship.
I moved in with my now ex wife while I was still married to my first wife until October of 2010 but moved in with my second wife in January of 2009 and separated Dec of 2017.
How long would te law say the length of the relationship was ?
img

Joey, Expert

Hi again - the relationship would be when it started and when it ended. For the purposes of calculating division of property and spousal support, it would be begin when you either married or moved in together.

Customer
The CRA website mentions that persons who are married to third parties may be considered common law partners provided their marriage has broken down and they have lived separate and apart from their spouse for at least one year, during which time they must have cohabitated in a conjugal relationship with the common-law partner. Cohabitation with a common-law partner can only be considered to have started once physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue to maintain a conjugal relationship with a person to whom they remain legally married.
img

Joey, Expert

In family law, you could be married to one person and in a common law relationship with someone else.

Customer
If I am figuring out support calculations so I enter my ex’s amount from line 15000 or does she get to claim zero?
img

Joey, Expert

Yes, it's based on the line 150 income.

Customer
Even if her line 15000 only includes the support I have paid her? Her lawyer is using ZERO as her income in the support calculation.
img

Joey, Expert

If her only income is the support you provide her, then her income is nil for this calculation.

Customer
Snap
img

Joey, Expert

Ok.

Customer
If I have a written agreement without prejudice for spousal support (she would not allow me to claim all the support that I had paid as it would put it over the threshold for legal aid)
How far back will CRA allow me to claim my deduction if she were to agree to sign a document saying I had paid it? It’s an extra $800/m for 4 years. ($38,000)
img

Joey, Expert

CRA will let you revise tax returns up to 10 years back.

Customer
Thanks
img

Joey, Expert

You're welcome.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer