separation agreement

[Mikesgal]

I have been reading various posts regarding separation agreements and support payments which are all excellent...my question is this..my husband's ex wife wrote up a separation agreement a few years ago when she wanted out of the relationship, at the time my husband was very distraught and even ended up in the hospital until he felt he could cope better..he signed this agreement and they had it witnessed by a close friend..he signed it because he wanted not to "stir the pot" and thinking by doing this it would make his ex "like him more" ...there have been several things in this separation agreement which we know she hasn't done eg. she has not gotten life insurance on herself in case something should happen to her...she stipulated that she would remain the beneficiary of either the current life and accident insurance or the beneficiary of additional life and accident insurance owned by my husband (what a crock that is--does she think he will never have a life again outside of her??)--he has since changed all the papers over making me the beneficary...one more thing she mentions in the agreement is that c/s payments will continue until each child graduates highschool or until they become 18 years old if they drop out of high school..then in the next paragraph she states he has to pay post secondary costs depending on their pay scale..well her daughter from a previous relationship was being supported by my husband until she entered college, this was when the ex told my husband that he no longer had to pay c/s for her, he hasn't for the past year but has upped his regular c/s so this has made her happy...we just found out that this daughter flunked her first year and has to re do it again...what are the chances that she could come back after my husband to pay for schooling since she hasn't done it this far

[Mikesgal]

I should have added that this daughter has "special needs" "NOT" and has recieved all kinds of financial help from the government, this is why we think she has backed off of the c.s help from us...what really burns my butt is the fact this girl only contacts us 2 times a year...birthday and xmas looking for her money..how sad is that??

[logicalvelocity]

Mikesgal,

Excerpts from an article that I read on separation agreements and where one party breaches the terms:

... A person who is in substantial breach of a contract may not be allowed to enforce the contract on basic contract principles: McVeetors v. McVeetors (1985), 43 R.F.L. (2d) 113, 49 O.R. (2d) 225, 7 O.A.C. 1, leave to appeal to S.C.C. refused (1985), 49 O.R. (2d) 225n, 15 D.L.R. (4th) 105n, 8 O.A.C. 320 (S.C.C.); Freake v. Freake, 2004 NLCA 39, 50 R.F.L. (5th) 1 (C.A.) (party in substantial breach not allowed to enforce agreement)....

lv

[Mikesgal]

thanks LV as always!!!