An unusual outcome... Ontario, Canada

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C - 31 Aug 2005 02:10 GMT

Ontario's top court has cancelled more than $500,000 in spousal support
awarded retroactively to an impoverished woman who saw her ex-husband's
fortunes soar after their divorce.

http://www.canada.com/montreal/montrealgazette/news/story.html?id=87c2f995-c018-
484f-a3da-f01fdcabcb12

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SpiderHam77 - 31 Aug 2005 02:23 GMT

I don't see how this would be considered Unusual... Spousal Support..
or Alimony as you all call it in the States is completly different from
that of Child support.. They are 2 different and equally different
situations..

She signed a deal at the End of the marriage. And well she has to
live by the terms of that deal... To bad for her that her Husband
soared in his Business.. She can however if he has not done it.. apply
for more in the way of Child support under Canadian Law.

SpiderHam77

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C - 31 Aug 2005 11:02 GMT

> I don't see how this would be considered Unusual... Spousal Support..
> or Alimony as you all call it in the States is completly different from
[quoted text clipped - 7 lines]
>
> SpiderHam77

I realize the concept "a deal is a deal" is understood but, the way the
"system" and it's judges are going... and the fact that he was ruled
against and this result was an appeal... the idea that they didn't allow
for retroactive support is atypical from what most see from the system.

While Spousal support was discussed in this article, so was the child
support. The article did not discuss the future potential, but it did
allow that there would be no retroactive child support. This is a plus
and goes against some recent decisions in Alberta, Canada (which are
also being appealed).

What I found unusual is that he was not ordered to pay increased child
support based on his new income. She would need to pursue this
seperately if she is even in a position to, after all they had 3
children in a 16 year realationship that ended in 1995 (or possibly
earlier). There's a good chance that the children are over 18 now and
she will have no right to pursue support (the oldest could be 25 right now).

C

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Henry - 31 Aug 2005 22:02 GMT

> Ontario's top court has cancelled more than $500,000 in spousal
> support awarded retroactively to an impoverished woman who saw her
> ex-husband's fortunes soar after their divorce.
>
> http://www.canada.com/montreal/montrealgazette/news/story.html?id=87c2f
> 995-c018-484f-a3da-f01fdcabcb12

I do find this an unsual judgement for Canada and Ontario. I think it is
the correct one... but unusual.

I mean, she only got 3 huge settlements, a house which value has
robably more than doubled and 10 years to get her act together... poor
woman. Have some self respect and dignity!!!

To the average (non-divorced) newspaper reader, once again they do not
realize just how bad the divorce laws are in Canada. No termination
rules for spousal support, no length rules, no amount rules, no finality
rules, no re-marriage rules, no varying rules... on and on. Either you
make the usually brutal separation agreement (also known as the
damage-control-get-out-while-you-can agreement) or you go to court, and
get the same or worse brutal agreement handed to you, along with a tidy
court bill.

At any time you want to challenge this "law" (vary the amount, etc), you
need to define the rules of the varying order (a material change), and
then argue for it and once again be hit with another huge court bill. If
you lose... her's as well.

Oh... I forgot... it's his repsonsibility to look after her... but only
her right (no responsibility for herself) to be taken care of... for
life. Sounds like the Child Support arguements all over again.

H.

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Family Forum / Parenting / Parenting / August 2005

An unusual outcome... Ontario, Canada