Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-25-2017, 08:51 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,012
rockscan will become famous soon enough
Default Equalization Recovery

Questions for the hive mind...

My partner agreed to take part of his equalization payment five years after his divorce. (Please no lectures, Ive already railed at him for being the "nice guy" as he's been screwed over for doing so and this all happened before he met me. His lawyer who did his divorce also gave him what for but he paid her to do what he said.)

His current lawyer has advised that she will probably not comply with the order as she feels he owes her money for expenses she refuses to follow calculation formula in the agreement on. She also is withholding several expenses she asked for several months ago and he has asked her for them. She now refuses to communicate with him other than a message demanding he follow a term in the agreement that expired. (We think shes going to claim she doesn't have to follow the payment term since he refused to follow that term she misunderstood.)

His lawyer gave him two options (if she ignores the lawyers letter that was sent):
1. File a lien against her property.
2. Claim future expenses against the money owed.

Is there a third option? If not, does anyone know the process to file a lien? Is it something we could do?
Reply With Quote
  #2 (permalink)  
Old 01-26-2017, 04:40 PM
Senior Member
 
Join Date: Jun 2007
Posts: 557
paris is on a distinguished road
Default

She hasn't not paid it yet. You have to wait. A lien on property only gets him his money if she sells the property.

What about small claims court? I'm not sure if it can be used for unpaid equalization payment, but it is money owed under an agreement. It's easy to file yourself, and wages will be garnished to get the money. I think it has to be under $25k
Reply With Quote
  #3 (permalink)  
Old 01-26-2017, 07:24 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

What paris said about liens - a lien makes it difficult for her to sell her property but you won't see any money unless she sells it.

I would check with small claims court whether they would handle a divorce order, because it's not really a contract (which they would deal with).

I think #2 is the best of some not so good options. Send ex a letter requesting payment within 90 days (give her a long time in case it's hard for her to get the money together) and say that after the 90 day period, any amounts still owing will be applied against Dad's share of future expenses. Stick to the equalization payment alone and don't mix equalization and unpaid S7, as they're two different issues.
Reply With Quote
  #4 (permalink)  
Old 01-26-2017, 07:31 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,012
rockscan will become famous soon enough
Default

Quote:
Originally Posted by stripes View Post
What paris said about liens - a lien makes it difficult for her to sell her property but you won't see any money unless she sells it.



I would check with small claims court whether they would handle a divorce order, because it's not really a contract (which they would deal with).



I think #2 is the best of some not so good options. Send ex a letter requesting payment within 90 days (give her a long time in case it's hard for her to get the money together) and say that after the 90 day period, any amounts still owing will be applied against Dad's share of future expenses. Stick to the equalization payment alone and don't mix equalization and unpaid S7, as they're two different issues.


Yep she got a letter a couple months ago. We know she got it because the kids have railed against him and told him they're done with him. Now shes trying to get him to adhere to terms that have expired. His remaining years of school costs will total the amount she owes him.
Reply With Quote
  #5 (permalink)  
Old 01-26-2017, 07:32 PM
Senior Member
 
Join Date: Jun 2007
Posts: 557
paris is on a distinguished road
Default

Telling her the amount would be applied to future expenses would likely guarantee she'd never pay it.

What is the amount owed to your ex?

Go the small claims route if you can. He has the info in a written agreement. If she feels he owes her money she'll have to take him to court. Or maybe she'll hand over the receipts so he can do his calculations.
Reply With Quote
  #6 (permalink)  
Old 01-26-2017, 08:21 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,012
rockscan will become famous soon enough
Default

Oh we didnt tell her that. Just said to pay it or appropriate action would be taken. Not sure if she got a lawyer. Shes proven to have horrible legal advice which is good and bad. Its less than $25000 but more than $10000.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Capital Gains on house "exchange" values for equalization settlement gravity Financial Issues 2 03-22-2015 09:59 AM
Net Equalization E-Gal Financial Issues 9 07-30-2012 02:15 PM
Equalization... Berner_Faith Financial Issues 4 02-20-2012 11:14 AM
taxes on equalization payment? CMG Financial Issues 11 07-07-2011 03:29 PM
Child support guidelines reducing equalization payout and subsequent changes ree Divorce & Family Law 0 08-06-2006 02:23 PM


All times are GMT -4. The time now is 04:55 AM.