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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-08-2014, 03:01 PM
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Default Backing out of a Final Settlement order?

Hoping someone can point me in the right direction. Im self repp'd and ex isn't. His lawyer and I sat down and worked out an agreement a week before our trial. This settlement was based on info I had at that time. His lawyer forwared me a Final order to sign. I was about to sign it today and send it back when important info came to light. What we had settled on now is extremely unfair. I had originally agreed to no cs, to take on all the debt, in exchange for the home and his equity in that. As he claimed he was not employed, etc.

Ex lives overseas and sends ziltch to his daughter has he has claimed to be unemployed. However, he is employed, and very well I might add. He was married again before we were divorced and has 2 other children and took and extravagant honeymoon. This is the new info that has since came to light. All of which he has previously denied in court documents. All of this while "unemployed." I don't think its my place to say weither or not my daughter deserves child support or not.

So...back to my original question is...what is my next step? I have e mailed his lawyer, advising that the settlement no longer seems fair and I can not sign the final order. I also included a few pieces of new evidence.

Please hold off on any judgement of me as I've familiar with this forum and please remember that my child's father pays no cs and has not paid for years, has not seen her in 5 years, etc mean while he's earning 6 figure tax free salary.
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Old 04-08-2014, 03:11 PM
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I have yet to sign the Final order/likewise a judge has not signed it either. I assume a Motion to change would be jumping the gun.
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Old 04-08-2014, 03:18 PM
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If you worked out an agreement you surely signed minutes of settlement? Or something that drafted what you agreed to with the lawyer. The issue is now you are trying to legitimately back out of a binding legal agreement that you committed to. Simply put - not an easy feat.

From the little in your post I personally do not see just cause for you to reneg on the agreement. For the following reasons:

You offset the CS for equity - so essentially that IS your CS.... you didn't forgo it as I read your post as you basically took it in a lump sum.

The honeymoon has no bearing. It could have been a gift from his mistress or mother - it is irrelevant.

I don't understand why you think he is employed and yet there are claims of no employment... but if the equity in the house is what offsets your CS then it is irrelevant.

Being remarried and having two more kids - irrelevant.

And btw, the lawyer could take you to court and you'd likely be stuck with all costs. Binding agreements are binding agreements, not willy nilly when your knickers get in a knot.
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Old 04-08-2014, 03:24 PM
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Equity is to offset the debt that I took over. There would not be child support left over based on his claim that he is unemployed.
To live where he lives and have the family that he now does...is not possible if you were unemployed.
Minutes of settlement were signed, you are correct. It is the final order that is not signed.
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Old 04-08-2014, 03:27 PM
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What "EVIDENCE" do you have to support this claim.

I hope it's not hearsay.
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Old 04-08-2014, 03:29 PM
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Well a couple of problems still: you signed it. Its binding. Doesn't matter that it hasn't been put into a final order yet. It is still a binding agreement as far as I'm concerned.

The honeymoon and additional kids are still irrelevant.

How do you know he is employed? Do you have proof? If so just pursue CS as the CS is the only issue really since the equity and debt were offsets.
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Old 04-08-2014, 03:36 PM
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I see you are self represented. I think it may be in your best interests to seek advice from a lawyer. First 30 minutes should be free.

I'm curious as to what exactly you settled for. Your circumstances seem a little similar to mine. You should not feel railroaded into something because you have no lawyer, but on the same note you must be consistent with valid reasons to support yourself.

You state that your ex remarried before you divorced. This is bigamy.
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Old 04-08-2014, 03:42 PM
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Exactly Serene...my daughter should be provided for financially by both parents. Do I meet her needs yes. Can I provide the extras like he who makes 6 figures and is now debt free thanks to me, not a chance.

This settlement was based on the fact that he had no income which we now know to be false. He is infact the head of telecom for one of the top telecommunications company in the world.

Again as stated im not asking for irrelevant questions, just would like to know what the next step would be as I cant see it being a motion to change as it has not been signed by myself or judge. Thanks.
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Old 04-08-2014, 03:45 PM
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Quote:
Originally Posted by Little Leprechaun View Post
I see you are self represented. I think it may be in your best interests to seek advice from a lawyer. First 30 minutes should be free.

I'm curious as to what exactly you settled for. Your circumstances seem a little similar to mine. You should not feel railroaded into something because you have no lawyer, but on the same note you must be consistent with valid reasons to support yourself.

You state that your ex remarried before you divorced. This is bigamy.

It is bigamy in Canada. Unfortunately/fortunately he no longer resides in Canada. Our settlement included sole cystody for me...no child support...I take all debt and in return I keep the home.
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Old 04-08-2014, 04:10 PM
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Didn't you say your ex now lives in the middle East or someplace like that where there are no reciprocal agreements about abduction or enforcing CS orders or things like that?

Even if you did miraculously get a court order that assigns CS to him based on his employment income, odds are you wouldn't be able to do anything to make him pay it. So how is that different from the situation you would have by signing the current settlement?

Your best bet is probably to take what you have now instead of fighting further for very little possible gain. It would be better for your emotional health, and might even make your ex feel like he 'won' which might make him more magnanimous when it comes to dealing with your child in the future.

At most, maybe you could sneak in a clause that says something along the lines of "When X finds gainful employment, he will begin paying CS according to table amounts for his income." That way, you aren't fighting to document and prove that he is employed NOW, you are just making sure that there is a CS order in place for when he admits to being employed in the future. He'll either have to admit it someday, or waste his own emotional energy working to conceal it from you.
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