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Old 02-01-2010, 02:46 AM
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Join Date: Aug 2009
Location: Toronto
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8isenough is on a distinguished road
Default Need some information

I have been on this sight for sometime now and each day I read it unfortunately there seems to be a lot of posts regarding CS and SS. The children are now adults and the husband and wife really need to go their seperate ways? We stuck it out for a very long time and now it is time . I need to read and speak with people that have all the knowledge and similarities that keep popping up through this hellish year. I want nothing more that what the law stipulates is mine (6 years statute of limitations) and he wants do drag this out so that I will buy him out of this marraige. He states he himself has no money yet he is vacationing in the heat as we chat. Has anyone ever dealt with the Statute because even though it is in the Family Law Handbook people keep saying thee Judge will overthrow it. Just frustrated Thanks
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Old 02-01-2010, 09:10 AM
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
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Can you please explain more clearly what issue about your separation you think is connected with the statute of limitations?

The statute only applies to things like jaywalking, anything criminal does not have limitations. Civil matters can always be taken to court, but there can be an argument of implied consent or agreement if a matter has been the status quo for years. But in general, taking a situation to court like that requires that there was some kind of misrepresentation or misleading wording, or something in a contract or agreement that could be interpreted multiple ways. That is, you have to have a reason to go to court in the first place, and you have to show this reason, and if the reason is valid, and there was reasonable reasons to not persue it, you shouldn't have a problem.

Family is based more on civil than criminal law, but really it is it's own category. A divorce will look at financial matters going back to the beginning of marriage which can be 30 years or more, so the ideal of a broadly based limitation doesn't apply.

If you have been separated for a long time without an agreement things can be grey in terms of custody. This has nothing directly to do with statute of limitations. If one parent has custody of the children, or they are sharing in a particular percentage, this is status quo and after some time (I have heard 6 months) it is difficult to change without compelling reasons.

If CS or SS was owed, even over the course of years, it is owed and usually they charge 2% interest. Maybe an ex has what they think is a compelling argument, like they gave over the house so they thought they didn't have to pay support. It can end up that support and arrears have to be paid anyway. The only thing that will really stand up is a signed agreement notarized by lawyers and filed with the courts.

I'm not familiar with the Handbook you are mentioning. What is it and what jurisdiction is it from? Ontario?
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Old 02-01-2010, 12:15 PM
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8isenough is on a distinguished road
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Thank You so much for your response.The Family Law book can be obtained in the Family Courts information Centre or for that matter read on the internet. It is put out by the Attorney General. It is called "Family Law in Ontario" The statute is explained on page 43. If after six years of seperation or sooner after divorce you have not made claim to equilization then it has passed and you are not entitled to it. I tried 10 years ago to list the home and settle but he would not sign any papers to sell. He made no effert to settle without a lawyer.Now that the kids are all finished with university (which I paid for) and I have a few dollars for the lawyer to move things along he is still playing games. Computers and Games are not my forte' so hopefully this helps a bit.
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