My soon to be ex is refusing to continue with support payments until either a separation agreement is signed, or we finalize an agreement in court. He is parading around town in a new mercedes, shopping like crazy for himself, including new teeth, new rims for the car, etc. My question is: Will the courts take into consideration his lifestyle and purchases when deciding what the support payment amount will be? AND will they also require him to make payments for the months that he did not provide support?
I live in Canada. And the reason I'm asking here is because my lawyer would probably charge me a couple hundred dollars just to answer those questions. Thanks in advance.
Answers:
I don't know how things work in Canada, but if they work similar to the US, awards for child and spousal support usually work as follows:
1) you have your lawyer file a notice of separation with the court.
2) you will have to provide proof of when your spouse left the homestead and provided no support to you or your child (I assume you are not working)
3) The court will then make a temporary award for support (spousal and child) and it will be back dated to when you can show your husband left.
4) The court will base the award on the standard of living you and your child enjoyed during the marriage, and on the assets and income your husband and you have.
5) When a final decree is made (actual legal divorce), when the judge is dividing up assets, he will most likely deduct any award that would have gone to your husband by what the court would consider wasteful depletion of the martial estate. If by chance there aren't enough assets left, your alimony support will be increased to make up the shortfall.
I would recommend you file with the court as soon as possible. Have your lawyer complete an immediate accounting of your husband's assets and the assets of the martial estate. The court can place a temporary injuction on your husband from wasting any more of the martial assets. Move quickly before, he can hide any assets also.
I am in Colorado - and we went to a mediator for our divorce - and I brought it up that my ex was unemployed, but still finding time to run around on vacations with his new girlfriend, but couldn't afford to pay me child support. The mediator told him that needed to stop - as the judge would have a hay day with it in court. I is probaby different in Canada - but I think that they should at least look at it - and I would make a point to point it out.
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