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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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  #11 (permalink)  
Old 10-30-2016, 01:25 PM
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Quote:
Originally Posted by Janus View Post
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.

What exactly is the purpose of filing a formal settlement offer at the settlement conference ?

You are saying all offers made are formal? Even if offer was made before court proceedings commenced?
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Old 10-30-2016, 03:25 PM
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Quote:
What exactly is the purpose of filing a formal settlement offer at the settlement conference ?
1 - You must (as per Form 17C).
2 - To try to settle. Because if you can't articulate what you want then you certainly won't reach an agreement at the conference.

Quote:
You are saying all offers made are formal?
Some are informal. There are rules that govern what makes a proper offer; an offer made not following the rules is informal.

See: http://www.canlii.org/en/on/laws/reg..._SETTLE_193878

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Even if offer was made before court proceedings commenced?
A formal offer can be made prior to the commencement of litigation.
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Old 10-30-2016, 09:08 PM
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1. From Setember 15th (date of conference) and onwards, child support for child (child name) born (birthdate) shall be terminated.

2. The father will bear 50% of the college registration fee upon accpetable to college as a full-time setudent

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 costs of books shall be the sole responsibility of the father for as long as son is enrolled as a full time student


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.

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


9. The child will provide father with confirmation of full time attendance at said college once available to him and provide proof of full-time registration at the start of each semester


10. Upon the child finishing his education or not being a full time student or dropping out, the financial support that I (father) am willing to provide to help with the expenses will cease immediately.


11. 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.

Last edited by trinton; 10-30-2016 at 09:11 PM.
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Old 10-30-2016, 11:48 PM
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On #3- you may want to check on that before offering, many post secondary schools include it in the tuition as mandatory. Can't remember what area you're in, for ottawa it's called the U-Pass.
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Old 10-31-2016, 12:12 AM
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Well folks. I emailed the offer and she declined.

Now I'm wondering if there is a way for me to file an interim motion to cease CS before the outcome of my motion is resolved?
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Old 10-31-2016, 07:42 AM
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You may be able to have it halted at the motion date. Is your lawyer still providing advice?
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Old 10-31-2016, 09:27 AM
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One reason for making a formal offer is if; "The party who made the offer obtains an order that is as favourable as or more favourable than the offer."

If you make an offer, go to court and get a better deal, you can ask for the other party to pay your costs. It's a common pressure tactic when negotiating. "Here's my offer. It's a good one. If we go to court you won't get anything this good and you'll also end up paying my costs."

My STBX includes something like this on every communications. I think it replaces the "sincerely", "best regards," or whatever else normal people use before signing their name.
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Old 10-31-2016, 10:07 AM
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Quote:
Originally Posted by m-chan68 View Post
Well folks. I emailed the offer and she declined.
You were encouraged to send a formal offer to settle and you emailed something?

Reminds me of when I invited a girlfriend to a party with a formal dress code and she showed up wearing daisy dukes and a halter top.

Just kidding, that never happened, because anyone I date knows the meaning of the word "formal"
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Old 10-31-2016, 10:53 AM
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Quote:
Originally Posted by OrleansLawyer View Post
A formal offer can be made prior to the commencement of litigation.
And is a very very good thing to do!
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  #20 (permalink)  
Old 10-31-2016, 10:57 AM
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You may want to explain the difference between an email offer to settle and a formal offer to settle. From what OP has told me about his ex's response to his email, she has no idea the process and will be sending him an email about her financial statement. Im not sure if she plans to file her paperwork properly.
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