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Old 09-26-2012, 03:32 PM
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Default Help interpretting wording in Minutes of Settlement

Hi Guys,

First off I'd like to ask. Is Minutes of Settlement the same as a Separation Agreement?

OK now for a short summary. stbx was on disability for 2 years, 2011 t4 line 150 shows 25k. At the time the Minutes were drawn up she was still off. She is now back to work making 45k.

MoS state the cs payable based on our incomes, offset, and states the amount of ss payable. Both of these are commencing August 1. stbx has not signed to date. Stbx is applicant

The final paragraph dealing with support states.
"The sums set out herein are premised upon the parties incomes at the time of signing the within Minutes. The parties anticipate that the Applicant's income will increase as she returns to work. These sums shall be reviewed every 3 months, until such time as the Applicant returns to work on a full time basis and/or the issue of the Applicant's employability/quantum of support is addressed by the Court."

Does this meant that even though we agreed on a support amount based on her making 25k, if she signs now while she is making 45k, the amounts are adjusted to reflect that income? or

Does it mean that we are agreeing that her income is 25k regardless of what she is making when she signs?

Should I serve a notice of withdrawal or does the wording above protect me from overpaying?

Thanks in advance.
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Old 09-26-2012, 08:27 PM
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I wouldn't be happy with the wording and request that it be amended to reflect what she is actually making at the time she signs.

If you are ever unclear about something don't sign. Less expensive in the long run to have documentation prior to signing rather than having to start litigation again in the future.

Just my opinion.
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