Sponsor seeking spousal support within three year contract obligation

[AndyNeedsHelp]

Situation is I'm from the US and married a Canadian woman. We moved to Ontario in 2005, she sponsored me in June 2006 and I received my PR Oct 2007. By the terms of her contract, she is responsible for me for 3 years or until Oct 2010. We separated Dec 2007. Now she is seeking Spousal Support in arrears back till Dec 2007 when we split. I believe that since she is responsible for me until Oct 2010 any spousal support obligations would not begin until Oct 2010. Anyone know of any case law around this? Any precedence? Thanks in advance!

 

[brin]

Not really. She is responsible for you only if you claim welfare within those 3 yrs. In other words, if you don't have a job and ask money from the govt, they will ask your wife to re-pay them. If you are making money, you are obligated to pay spousal support cause of the break down in marriage.

 

[rjessome]

Situation is I'm from the US and married a Canadian woman. We moved to Ontario in 2005, she sponsored me in June 2006 and I received my PR Oct 2007. By the terms of her contract, she is responsible for me for 3 years or until Oct 2010. We separated Dec 2007. Now she is seeking Spousal Support in arrears back till Dec 2007 when we split. I believe that since she is responsible for me until Oct 2010 any spousal support obligations would not begin until Oct 2010. Anyone know of any case law around this? Any precedence? Thanks in advance!

These are two different areas of law, immigration and family. The undertaking your spouse signed with the government of Canada in order to sponsor you does not preclude her from making a claim for spousal support should there be a breakdown in the marriage. The Undertaking is a contract between the sponsor and the government wherein the sponsor agrees to ensure that the applicant will NOT need to rely on Canada's social services to provide for the basic necessities (food, shelter, health care, etc.) for the applicant. If the applicant needs to seek government assistance for any of the above, the sponsor must pay back the funds given to the applicant by the government. It is not the intention of this Undertaking to allow the applicant to have a "free ride" as they are expected to economically establish themselves to the best of their ability.

Therefore this obligation and Undertaking would have no impact on your Family law matter.

 

[AndyNeedsHelp]

Thanks very much for setting me straight! Just seems unfair given that she was arrested for assault, removed from the marital home (now mine) and has now conveniently lost her 70k/yr job which tripled support.. and now she wants arrears and indefinite support.. Giving up my well paying job seems to be the only tactic left? I know its a family matter and this forum is about immigration, but how does one get any justice? Know any family law forums?

 

[Leon]

I think you need to start with getting yourself a good lawyer. Everybody has the right to sue for anything they want but that doesn't always mean that they will win. If she was working until recently, she may not be entitled to any support in arrears because of that or she might not be entitled to support in arrears in general. Her attacking you and being removed from the home might also affect that. Really.. get a lawyer.

 

[brin]

Thanks very much for setting me straight! Just seems unfair given that she was arrested for assault, removed from the marital home (now mine) and has now conveniently lost her 70k/yr job which tripled support.. and now she wants arrears and indefinite support.. Giving up my well paying job seems to be the only tactic left? I know its a family matter and this forum is about immigration, but how does one get any justice? Know any family law forums?

andyneedshelp,
Have you spoken to any lawyers? given your situation, the lawyer might be able to argue that you are the affected party and therefore reducing your spousal support. Also, take in to account that in Canada the spousal support is calculated based on the length of the marriage. looks like you were married only for a yr, which is going to result in a very minimal amnt of Spousal support..or to be frank I don't even know if your ex will qualify for spousal support. Also, you do not have to pay her indefintly. The length of marriage is again taken in to consideration when deciding how long you need to pay her. If you are worrying abt what your ex in words, I would say relax and get some legal help.

 

[AndyNeedsHelp]

Wow.. you folks are awesome... I've not used open forums like this, but the response is overwhelming.. Thank you! I've had four lawyers and I'm defining the term messy divorce.. My lawyer now is excellent but very expensive.. He's trying to close the deal after years of case conferences, motions, CAS, OCL involvement and still waiting on a psych assessment of our 10 year old.. Sadly, after four years, over a $120K, two mediators, I have no separation agreement or divorce. Took 2 years just to win the house! She was trying to force the sale. Her lawyer is a pit bull who throws as much sh*t as possible against the wall hoping some sticks. I thought the sponsorship contract might thwart some of her demands, but honestly, Leon's post about arrears only until she lost her job is a valid argument and worth pursuing.. So thanks! If you're near Whitby I'll gladly buy you a round! Cheers!

 

[rjessome]

Thanks very much for setting me straight! Just seems unfair given that she was arrested for assault, removed from the marital home (now mine) and has now conveniently lost her 70k/yr job which tripled support.. and now she wants arrears and indefinite support.. Giving up my well paying job seems to be the only tactic left? I know its a family matter and this forum is about immigration, but how does one get any justice? Know any family law forums?

No, don't know any family law forums but they are probably out there. Just because she is asking doesn't mean she will get it. Hire a good lawyer and fight.