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Old 09-19-2010, 12:20 AM
nick2009 nick2009 is offline
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Default how to deal with ex's offer to settle

Hi, guys,

Two days ago I got an offer to settle from ex lawyer. a couple of issues make me headache. do not know what the proper answers are. if we can not settle, then the trial management conference will be the next step. I just want to be fair, no matter how the parties feel so that no one could complain.

1st issue:Child support

ex offer: i shall pay child support retroactive in the amount of $30,800 (this number is roughly correct) from the date of separation, January 2003 to December 2009.

the fact: during January 2003 to December 2009
1. i paid ex $12000 for the child support in four times in the lump sum way.
(i have bank records)
2. i paid for the child medical and dental insurance. ($6700 in total)
3. i paid the child medical and dental care cost.

based on the above, i would like to know some ideas about it. what is the proper counter offer i should give. if go to trial management conference, what the judge will say about child support retroactive.

2nd issue: spousal support

ex offer: i shall pay ex spousal support in the amount of $200 per month for four years retroactive from the date of separation in January 2003, $9600 in total.

facts and my questions:
(1) by law, can ex have right to trace back to 2003 in order to claim such sum of spousal support. i heard but not sure that only 3 years of spousal support retroactive, which means ex can only claim spousal support during September 2007 to September 2010. Normally how many year can ex trace back to claim spousal support.

(2) ex and her lawyer did not serve me the Financial Support on the case conference, the first settlement conference and the second settlement conference.

(3) during April 30, 2008 to mid September 2008, ex traveled abroad, which i believe ex is not entitled to claim the spousal support without putting efforts to look for a job.

(4) from November 2009 to now, ex got a job and now is still working in a hospital in downtown Toronto, earning more than i do now. i believe this is part of reason ex refuses to serve me the financial support.

(5) ex has a university degree in accounting at the Ryerson University.

(6) should i make a move to claim spousal support from now on

(7) give me some thoughts, anything.

thank you very much

Nick
September 19, 2010