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Old 10-28-2016, 11:10 PM
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Default Drawing Up A Settlement Agreement

As of yesterday, my ex has been served with the motion to terminate child support. I have my appearance dated for December. To expedite the process, I would like to know if any of you fine knowledgeable folks have any links you could provide, to drawing up a settlement agreement? I would like to have this ready by the first appearance.
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Old 10-29-2016, 01:03 AM
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How to write your own separation agreement -- Before you begin: Family Law in BC

I know it's for British Columbia but I think they are all virtually the same. Just use it as a guide
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Old 10-29-2016, 09:32 AM
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You present your formal offer to settle at the settlement conference. Case conference needs to happen first
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Old 10-29-2016, 01:32 PM
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Quote:
You present your formal offer to settle at the settlement conference. Case conference needs to happen first
You can make an offer to settle at any time. If you have the information you need then there is no reason to delay.
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Old 10-29-2016, 01:34 PM
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Originally Posted by OrleansLawyer View Post
You can make an offer to settle at any time. If you have the information you need then there is no reason to delay.


I don't see any point in settlement offer until you hear their side at a case conference and also hear what the judge has to say


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Old 10-29-2016, 07:01 PM
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Originally Posted by trinton View Post
I don't see any point in settlement offer until you hear their side at a case conference and also hear what the judge has to say
The earlier you make your offer to settle, the more you can obtain in costs.

Offhand, I cannot think of a single reason to not make an early offer to settle. Not a single reason.

mchan, make a severable offer to settle. Do it now.
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Old 10-29-2016, 10:28 PM
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I have drawn up the settlement agreement . Here is what it looks like. I hope it is okay.


SETTLEMENT AGREEMENT

This is a settlement proposal being brought forth on October XX, 2016 by the payor father to the recipient mother in regards to our son

The father:
(Personal Info)

The Mother:
(Persoanl Info)

The Adult Child:
(Personal info )

All the Parties are agreeing to change the Order of Justice X.XXX dated August XX, 20XX. Court file number XXXXX.

Commencing December X, 2016 both parties agree to the following.
1. The payor father shall not pay any further child support as of the date this agreement has been signed

2. The father will pay for half of the college registration fee if the adult child gets accepted for a full time college program, to enable him to pursue a college education/degree. The father will pay the said fee straight to the college.

3. The payor agrees to load $XXX at the last day of every month into a Presto card to cover the monthly transportation fees for college.

4. The payor father also agrees to pay for the books for every semester, as long as son is attending and passing his college courses.


5. The father also agrees to cover any other reasonable request (ex: clothing, fees for school trips and school supplies), that may be necessary for college.

6. I (the payor) will not be transferring money to the (recipient mother) to purchase the necessary items.


7. I, ( the father) , will be picking up (son) at his residence and taking him to go get what he needs and I will be paying the store directly. (the mother) is more than welcome to accompany us to the store if she chooses to do so.

8. (Son) will be responsible for applying for the college program of his choice and OSAP.


9. (the adult child) will provide me with a copy of his report card for each semester of college without delay.


10. If (son) , fails his classes or chooses to drop out of school, the financial support that I (father) am willing to provide to help with the expenses will cease immediately.


11. In return, I (the payor), will not seek retroactive child support from the (recipient mother) , dating back from July 2015 to November 2016. $ XXX.XX monthly for 17 months totalling $XX,XXX.XX.
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Old 10-29-2016, 11:17 PM
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Quote:
Originally Posted by m-chan68 View Post
I have drawn up the settlement agreement . Here is what it looks like. I hope it is okay.
There is a lot of nonsense in what you wrote up. Don't forget to remove your son's name from your post. You have it in clause 4.

Shorter version:

1) There will be no child support.
2) There are no arrears or past overpayments of child support
3) If child registers for post-secondary and provides proof, father will pay for
  • half of registration fee
  • $X per month for transportation (loaded onto a presto card)
  • all books
  • reasonable other educational expenses with prior approval up to $X per month
4) Each semester, the child must provide the father with transcript from the school
5) The contributions listed in section 3 cease if child does not successfully pass at least 3 courses per semester, or if a transcript is not provided.
6) This offer remains open until [one minute after motion starts]
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Old 10-29-2016, 11:22 PM
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I went on the odsp page to see what I could find out. Interestingly enough, your ex is using your son to play the same game with them. As long as kid is in school full time her benefits dont change. If he isnt, he gets to go on ontario works. What she fails to see is the item that states if kid is in school full time, any earnings he has DO NOT affect her benefits.

So: kid needs to get a job to help pay for school. Even a five hour every saturday job is good. Hell he could even look into the field hes going to school for.

Your ex is basically sentencing your kid to a life of welfare because she doesnt want to lose her benefits. This is wrong.

You need to keep this in mind when you head to court. Your kid needs to take back control of his life.
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Old 10-29-2016, 11:44 PM
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Quote:
Originally Posted by rockscan View Post
I went on the odsp page to see what I could find out. Interestingly enough, your ex is using your son to play the same game with them. As long as kid is in school full time her benefits dont change. If he isnt, he gets to go on ontario works. What she fails to see is the item that states if kid is in school full time, any earnings he has DO NOT affect her benefits.
FULL TIME being the key phrase here. He is NOT (at least not under the definition of Family Law like I was told). Not only that, but when I faxed my confirmation of assignee form, it was returned as NOT ASSIGNED, meaning there is no other party that has any interest in the motion. That's what got me wondering, because I am sure that being on ODSP requires that they are kept informed of everyone that is living in their household, as well as their incomes. I believe my partner and I looked into it as well. As far as we understood, my son would be allowed to work and earn up to $200 was I believe the magic number. Anything above that, and ODSP would subtract his earning amount off her ODSP cheque.

Quote:
Originally Posted by rockscan View Post
So: kid needs to get a job to help pay for school. Even a five hour every saturday job is good. Hell he could even look into the field hes going to school for.
As you can see in the rough draft of the settlement agreement drawn above, my partner and I thought about it carefully, to remove the cost of books, transportation to and from, clothing and any other reasonable expenses off their table completely. All she would need to provide is food and shelter LITERALLY. OSAP would pay for the program and put money into his hands as well, that should easily cover his food expenses. I think the offer is generous.

Quote:
Originally Posted by rockscan View Post
Your ex is basically sentencing your kid to a life of welfare because she doesnt want to lose her benefits. This is wrong.

You need to keep this in mind when you head to court. Your kid needs to take back control of his life.
Believe me, this is exactly what I have in mind. What I'm trying to wrap my head around is, what exactly does she plan on happening, IF let's say our son does go to college, graduate and then successfully find employment? He can't live with her then, or else she'll lose her benefits. He moves out, she'll lose her benefits too. How does a person with her type of thought process perceive things should go? Maybe I'm asking some very stupid questions, I don't know.
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