Spousal Support and OW/ODSP
How do spousal support payments affect OW/ODSP payments?
Spousal support payments affect the amount of OW. The OW payment is reduced by the amount of spousal support.
What definition do they use for spouse?
OW and ODSP use the family law definition of spouse in their rules about support payments.
In family law, your spouse is someone of any sex or gender who you:
- You are married to
- You have been living with as a couple for at least 3 years
- You have been living with in “a relationship of some permanence” and have a child together.
What happens if my ex is not paying my spousal support?
A new rule, starting February 1, 2017, says that your OW payments are only reduced if you get the support money. OW does not reduce your assistance if it is not paid to you. You must make reasonable efforts to try and get your spousal support.
What are “reasonable efforts”?
“Reasonable efforts” would include the following:
- applying to court for a support order
- giving all the information you have about your efforts to get support
When you might not be expected to try and get spousal support from your ex?
- You have had no contact with them for a while
- they cannot be found
- you cannot go to family court for medical reasons
- ex is in other country where support cannot be enforced
- your ex is in jail
- your ex is violent towards you or your child
What if you disagree with OW/ODSP’s decision regarding getting spousal support from an ex?
You can appeal to Social Benefits Tribunal (SBT). You have first to ask OW or ODSP to give your a written decision and an internal review. Usually, you have to ask for an internal review within 30 days.