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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 12-18-2006, 10:39 AM
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Grappler is on a distinguished road
Default Offer From Wife' Lawyer

With respect to the equalization/spousal support issues. Please note that I think I have a good chance of convincing a Judge to order that any spousal support payable is conditional upon you paying your wife her equalization payment on a periodic basis. An example to what I mean: Lets say the Judge awards Your wife an equalization payment of $35,000.00 payable at the rate of $400.00 per month until fully repaid in 7 years. The Judge could then award you spousal support of $400.00 a month but only payable in the event that you are making equalization payments to your wife. Accordingly if you declared bankruptcy Your wife's obligation to pay you spousal support would stop

The reason we have come to this is because I have gotten a very bad back and I am waiting for surgery.
I am also in the Auto industry that has no work in southwestern Ont.

I there any case law on this or what do you think his chances are

Thanks
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Old 12-18-2006, 03:18 PM
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Decent Dad is an unknown quantity at this point
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I am a little confused by all the players here. Also, is the first paragraph "With respect... would stop" the letter?

Can you clarify who is divorcing whom?

Sorry.
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Old 12-18-2006, 04:11 PM
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Thanks for the reply this is a suggestion letter from my wifes lawyer we are in a week of negotations I am unrespresented

Thanks
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Old 12-18-2006, 05:05 PM
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Is the "his" in this line... your stbx's lawyer?

"I there any case law on this or what do you think his chances are"

stbx = soon to be ex
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Old 12-19-2006, 12:20 AM
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I is supposed to be is and his is her divorce lawyer

Thanks
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Old 12-19-2006, 08:44 PM
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Grappler,

Don't be coerced by this lawyer. First, net equalization and spousal support are two different issues.

Net equalization is a given 50 -50, where as spousal support is dependent on the needs - means philosophy.


lv
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