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Old 12-22-2011, 01:31 PM
LCB LCB is offline
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Default Withdraw Offer to Settle

My husband was served with Court Documents in Sept 2010. His ex was taking him to court for support as well as custody. Their daugher is now 15 and they broke up when she was 3, for 12 years he had been paying support (without a court order) and they had joint custody (he has her less than 40% of the time so he is to pay full table amount).

Our lawyer drafted a minutes of settlement and included in that it stated he would pay X amount per month (table amount based on his income at the time). His ex refused to accept or counter with another offer.

After a case conference (where the judge basically told her she needed to smarten up and settle as she is being very unreasonable) we heard nothing from her. The case has since been dismissed from court.


Here is my question:
The offer to settle stated my husband would pay a specific dollar figure per month (based on his income at the time). His income has since gone down and he would like to pay based on his previous years income. As there was never a court order he is able to do so without going to court.

The document also did not have an expirary date or deadline.
If my husband sends his ex post dated chqs (table based on his lower previous years income) can she then sign the document and take it to court stating that he agreed to pay the higher figure (even though it was over a year ago she was served and it has since been dismissed from court). If so, what document does he need to fill out to and serve to her to let her know he is officially withdrawing the offer?

If we have to create another offer in the future we will be sure that there is an expirary date and that the offer specifically states that he will pay table amount based on his previous years income instead of an exact dollar figure.

Thanks in advance for your help!
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Old 12-22-2011, 02:11 PM
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Default

accepted offer to settle should become consent court order and only then it become something what your husband should follow. (IMHO)

even logic would suggest to me that it does not matter as case dismissed just send letter to her.


Dear eXXXXXXXXXXXX

Please be advised that the formal Offer to Settle dated _____________, ____ as well all my other offers served on you is hereby withdrawn.


Yours very truly,
Dad
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Old 02-23-2012, 11:30 AM
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Default Offer to settle motion

Offers to settle a motion are simply offers and do not become binding unless agreed to by the other party and signed off by a judge. If an offer to settle is out there and you no longer wish to honour it, it should be retracted. Also, child support payments are legislated. The paying parent must pay based on their income as reported on the T4. This amount would be adjusted every year depending on the income.
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