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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-18-2017, 02:52 PM
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Default Paying Credit card debt after speration?

Hi,

My ex and I have been separated almost 2 years now. I have been trying to get things settled with lawyers last year but she ignored that deadline my lawyer asked her too respond too. Now I have been paying the minimum payments of our joint credit card debt of over $20,000 since we separated which is probably $700 a month. Will she be responsible for half of these payments?

Also I owned a condo before we met but she wants the half the increased value since the time we were together. I assume this will be calculated at the time of separation and not the value now?

I appreciate all your feedback.

Thanks,
Sean
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Old 06-18-2017, 03:53 PM
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were you married or common law?
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Old 06-18-2017, 10:19 PM
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Another question where software that the public does not have access to but lawyers do have access to answers the question.

So if she doesn't pay half, you can deduct your payments from the support you are paying.

Unusually high debts
If the party has responsibility for an unusually high level of debts reasonably incurred to support the spouses and their children prior to the separation or to earn a living, input the annual amount of such debts (CSG, s.10(2)(a)).
In other words, input the party's carrying cost (principal and interest) for the year, based on a reasonable amortization period and retirement of the debt over a reasonable period of time.
This is one of the enumerated circumstances that may cause a party or child to suffer undue hardship under the CSG. The party must then go on to apply the comparison of household standards of living test, set out in Schedule II of the CSG.
A party seeking relief because of his/her debt load must also show that he or she cannot restructure the debt and is unable to pay both the debt and Guideline support without ending up with a substantially lower standard of living than the payee: see Hollett v. Collins, 2002 CarswellNfld 305.

To answer your second question, she is entitled to half the increase in value of the condo from the time you were together.

Regards.
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