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Old 10-30-2016, 06:17 PM
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Specific responses:

Originally Posted by keebler View Post
Case conference Tomorrow
Based on that base salary, the table amount for child support was 1000/month. We shared custody and access 50/50.
Why were you paying table CS if you had 50% custody?

The ex stayed in the mat home, I paid $1820.00 a month for two years.
Was it categorized as CS? Judges often consider these overpayments to be "gifts" rather than create a situation where the CS recipient owes arrears.

So now, two years after separation, a sep. agreement is drafted for me to pay 1400 a month (400 over the table amount in child support, so she would qualify for the mortgage of the mat home) with a provision that I would pay that for 12 years until 2024.
Why on earth would you agree to pay more CS than the table amount? Either way, you haven't overpaid at all, because the agreement said that you should pay $1400. While it is tricky to agree to pay less than table, the courts have no problem with you agreeing to pay more than table.

The separation agreement was never filed.
Was it signed? Then it is valid.

People sign contracts every day without filing them.

She didnít complete the divorce.
Who cares? Are you marrying your "I love you but I'm cool with making you give up your kids" girlfriend? If so, then you need a divorce, otherwise it is irrelevant.

Ex still wants me to move back and take up ďmy fair shareĒ of 50/50 access because now she is tired. still wonít follow through with the divorce, I still canít afford to move and live there by myself.
Look at the difference between table and offset CS. I bet that difference would be enough to allow you to move and live there by yourself. The vast majority of non-custodial fathers never get an offer like this. Accept it.

She is claiming retro child support for that year she had full access, and lump sum payment for sect. 7 arrears (let say for example itís 23,000 all told)
She will get the retro CS. The retro S7 is more dubious, but you never know.

Before I had to leave town, I had overpaid letís say for example 24,000 in support
If by "overpaid" you mean "paid what the separation agreement said which was more than table support"... well... didn't overpay a thing.

I have no other assets except my pension (she is getting a portion of that as well)
Wait, what? I thought you gave her the mat home, I figured that was in exchange for the pension. Why did you give her the mat home?

I want to be with my kids
Didn't you move 160km away from your kids, and now that you have an offer to return you are still not returning?

You want to be with your kids like a sleep-deprived parent wants to be with their screaming infant. It sounds good to say it, but you sure as hell don't mean it.

Areas I am looking for guidance on are, what if any weight is placed on the Separation Agreement regarding her not finishing the divorce case the ripple affect of everything else falling apart. Is there any responsibility for that given to her and what impact would the Judge give in terms of settling?
Pretty much no weight at all. The best case scenario is that a judge orders her to file for divorce.

Also because I signed over the matrimonial home
That has nothing to do with child support. You just gave her a gift. The only thing you can get from that is maybe your ex not ransacking your pension, though if you signed the agreement years ago you might be screwed on that.

But the house doesn't count for a thing when it comes to CS.

Any suggestions?
Regain shared custody somehow immediately.
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