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Old 07-23-2017, 04:30 PM
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Rioe Rioe is offline
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Originally Posted by Ange71727 View Post
The saga continues... my ex and I had a bit of a dispute a couple months back over daycare money owing. We had both been incorrectly following our agreement after all these years for daycare payments. I was incorrectly charging him a before tax amount for 2014, 2015 and 2016; however, in the course of investigating all of it, my lawyer and I figured out that he had drastically underpaid for 2012 and 2013. It all cancelled out in the end luckily. I have evidence and documents supporting this.
My ex was under the mistaken notion that I owed him for all 5 years and sent me a bill for $7000. When my lawyer and I presented his lawyer and him with the factual numbers at mediation a couple weeks ago, he didn't look too happy to find out that the $7000 pay day wasn't coming.
Today I get an email stating that given the "length of time" since 2012 and 2013, he was not going to consider these years in his dispute and only wanted to collect money owed from 2014, 2015 and 2016 (as that is to his benefit obviously). He even cited some Supreme Court of Canada rule that there is a statute of limitations of three years on debts owed.
I can't even believe that he would send me a bill for $7000 and then drop two years off when he found out he owed for those years instead of me.
Can someone with legal expertise weigh in here? If he brought this to court, is there a way he can weasel out of arrears for those years? To me, it all has to be considered as a package of 5 years. Stressed about it.
If he sent you something in writing about wanting to go back all the way to 2012, then he will have a hard time retracting that willingness just because it's no longer in his favour the way he expected.

"Your honour, he originally wanted to go back to 2012 (see this letter from him indicating I owe him $7000). When we did all the recalculations correcting past inaccuracies, it worked out fairly evenly (see this spreadsheet). Now, he is retracting his intention to go back to 2012, saying it's more appropriate to only go back to 2014, (see this letter from him indicating I would owe him $X). It seems apparent that his interest is in using whatever method would get him money, not in correcting our previous inaccurate methods to ensure our division of payments for the children has been fair and accurate for both of us all along. I ask that you go by the correct calculations going back to 2012 and declare it a wash, and we can do everything correctly going forward with what we have learned. This is especially important when you consider that the amounts from 2012 and 2013, which he now asks that we set aside, were incorrect due to him not notifying me of his increased income (I think you mentioned this in a previous post).
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