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Old 09-19-2010, 01:53 PM
nick2009 nick2009 is offline
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thank you rwm1273 and logicalvelocity

anwser rwm1273 question "Who had the kids when she was out of the country?" - she traveled together with the child

anwser rwm1273 question "Did you deal with the property fairly" - the property issue was raised at the second settlement conference, and the judge was not happy with it and let them rethink this issue, a free duty counsel told me that after 6 years this issue should not be traced back anymore, this issue does not exist now. by the way at the time we separated I (or say we) am very poor, that is main reason she wanted to separate.


1st issue:Child support

based on what you guys explained, do you think whether the following calculation is reasonable or not
CS arrear = $30800 (total i should pay)-$12000 (i paid in lump sum) - $6700 (i paid insurance for the child) = $12100
i will pay in 3 times within 18 months


2nd issue: spousal support

my rough offer: $200 per month for 18 months as spousal support arrear under the condition that the other party will not claim the entitlement to spousal support.
and i will let the other party know that if my offer were refused by other party, then i would claim for SS (because i know ex earns more than i do), which would force ex disclose her financial data.

would you please continue to criticize so that i could learn more from you guys.
thank you very much

Nick
Sept. 19, 2010

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by the way i would like to post my original draft counter offer as follows for forum people to criticize and reference.

Offer to Settle

Court file number:

Applicant:

Respondent:

Respondent’s representative:


The Applicant now offers to settle all outstanding issues on the following terms:

1. Divorce
The applicant consents to a divorce.

2. Child custody
The respondent shall have sole custody of the child of the marriage, namely yt born 1999

3. Child Access
1) The applicant shall have access of the child Yt every other Saturday from 11:00 am to 8:00 pm. The Applicant shall be responsible to pick up and drop off the child.
2) The applicant shall have access of the child Yt every other Sunday from 10:00 am to 5:00 pm. The applicant shall pick up and drop off the child at the lobby of the Respondent’s residence.

4. Custody and Access exceptions
The parties agree that the below Holiday/Vacation schedule shall supersede and take precedence over the normal custody/access already laid out above.
1) Christmas holiday – Hereby defined as December 23rd to December 26th. The applicant shall have access of the child Yt twice.
2) New Year’s Eve/Day – Hereby defined as December 31th to Jan first, the applicant shall have access of the child Yt once.
3) Yt ’s birthday - Hereby defined as June 18, the applicant shall have access of the child Yt on the odd numbered years.
4) Father’s day - Hereby defined as the Third Sunday in the month of June, the applicant shall have access of the child Yt .
5. Child support
The applicant shall pay ongoing child support in the amount of $387.00 per month based on his 2009 annual income of $42137 in accordance with the Child Support Table Guideline until the age of 18 of Yt .

6. Child extraordinary expenses
1) The applicant shall maintain Yt’s health insurances, including medical and dental coverage for the benefit of yt .
2) The applicant shall pay 50% of the child’s uninsured health care costs, of child care costs, and of other extraordinary expenses for the child, including but not limit to summer school, summer camp, Saturday school. The respondent will pay 50% of such costs and expenses.

7. Spousal support
Neither party claims entitlement to spousal support.

8. Assets
Neither party claims assets to the other party.

9. Debts
Neither party will incur any debt or liability on the other party's credit at any time and any circumstance whatsoever.

10. General provisions
1) The parties agree that the child's health card will travel with the child for all access and vacation visits; and the child's passport and birth certificate will be made available upon request.
2) That both parties as well as immediate and extended family may attend the child's special events (eg, concerts, competitions, recitals, etc.) without restriction and without regard to whose care the child is in at the time of the event. The respondent agrees that the applicant will be permitted to speak with the school, coaches, or organizations in order to remain informed of such events in the child’s life.
3) The major decisions regarding the health, education, and religion of the children shall be made jointly
4) In order to facilitate prompt and efficient payments of child support, both parties agree to provide the other, copies of their notice of assessments no later than June 30 of each year.
5) Both parties agree that they are not allowed to take the child out of the province of Ontario, Canada, without the other party’s consent.
6) The parties agree that travel outside of Canada will require the express written consent of the other party, and that a travel itinerary, including contact information as well as a consent to travel document will be required. The parties agree to provide the other with written notice at least 45 days in advance of plans to travel outside of the country.



Date of signature Signature of applicant


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