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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 09-07-2017, 04:10 PM
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Default Retro payment...is this possible

Hi everyone:

My ex wife and I signed and filed in the Supreme Court of Canada Separation Agreement (SA) in 2011, where it stated that she and I will pay 50-50 all section 7 expenses.

She never provided any proof of income to me since separation, even though it was stated on the SA that we have to exchange them every year.

She has now provided me for her Notice of Assessments (NoA) from 2013 to 2016.

Because I make more money than she does, she is now requesting for me to pay her back retrospectively all section 7 expenses according to proportional income.

Can she do this? What are my options?

I don't mind paying proportionally to income as long as it is moving forward and we sing a new SA.

Thank you in advance.

FP
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Old 09-07-2017, 04:47 PM
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Is this the first she has asked for them?

Has she asked permission for any of these expenses over that period of time?
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Old 09-07-2017, 06:18 PM
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A court may impose an obligation as far back as the date of separation
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Old 09-07-2017, 06:55 PM
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If you both had separate legal advice I would think the change needs to be in a motion to change the 2011 agreement. You would have to sign it and so would she.

It's in her to prove otherwise, it if you both agreed to it I cannot see it being retroactive.

Was she aware of your income at the time? Are we talking $$$$$ or just small amounts?

Seek some free 1\2 consultation with a lawyer.
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Old 09-11-2017, 09:14 AM
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Yes this is the first time she is asking for them.
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Old 09-11-2017, 09:15 AM
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Hi...
Yes she was aware as she had my notice of assessment and she wasn't working at the time
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