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[skdad]

I am relatively new here, & looking for legal advice on Saskatchewan common law seperation issues. Is it worth asking a question online or should I just go seek local professional legal advice?
Asking some questions online might let me know what info I would need if I do decide to consult a lawyer.

Thanks

[May_May]

Originally Posted by skdad

Is it worth asking a question online or should I just go seek local professional legal advice?

It depends on what your question is. First I'd recommending doing a search to see if there is any information similiar to your question/situation.

This forum has been an incredible source of information for me, sometimes it has drastically changed my original thoughts and changed my intentions (good thing).

What have you got to lose ?

[skdad]

I am not sure how to post in the right area. I have questions on alimony. I have heard that because I never had her listed on the title that she has no interest in the house we lived in. I am currently paying child support, but when she originally left I had offered to finance a lump sum down payment on their house in lieu of child support. This would be a 10% down payment, which would equate to about 4 years of child support payments. I am not sure if this is the best way to do this. I was also considering making this payment in my sons name, & she would be able to use this as a down payment on their house provided that he was lited on the title as co-owner.

[Gary M]

My gut reaction is to scream STOP! and encourage you to do some hefty research before you travel that road. Lumps sums are treated weirdly in family law and I'd hate to see you do this and then end up being dragged through the system for CS (or non-payment therof).

Be very careful

Cheers!

Gary

[skdad]

Thanks for your input. Thats my problem. I don't know what my legal resonsibilities are. I don't want to give any more than I have to. She hasn't asked for anything from the house, but she never contributed to any of the mortgage payments, down payments, heating or power. Her portion was the phone bill, & the water which would have averaged about $150/month, & about 70% of groceries, while I was making the mortgage payments of about $850.00 / mth including property taxes + about 225/mth in heating & power. When filing our income taxes we each claimed as single, filing on our own, so I never realized any tax gains through the relationship, & just paid my income tax, while she always got refunds.

[May_May]

Agreed completely with Gary ! I know a few people who did lump sums, and are now screwed because their ex has gone back after them and they are having to go back to court now for additional support.

[FightingForFamily]

You can't pay a lump sum to escape from child support. Even if you and the ex signed it, it's contrary to family law and the other party would always have the option to come after you for monthly child support at any point. You would potentially be on the hook for arrears as well.

You can sometimes settle spousal support by lump sum, but it's rarely a good idea. Monthly spousal support is tax deductible to you while a lump payments are not. And again, you run the risk of future litigation for monthly support though it is less likely to succeed than for CS.

It's rarely a good idea to give lump sums of money to people in divorce also because it gives them fuel to feed their lawyers, and you can fund your own destruction this way in some cases.

Everyone is tempted at one point or another to pay lump sums to "get it over with" but in reality it doesn't work, it's better to go with the standard model for support to cover your butt legally.

[skdad]

So then what is the difference between having a home appraisal done, having all the assets valued, & subtracting what is owed to personal debt by each party, then one party buying the others share out? I am also paying child support on top of this as per the federal payment schedule, based on my salary.

I have decided to make the 10% down payment on her house, since she hasn't got any RRSP's to withdraw from & very little financial help from her family. I told her I would also pay for the home inspection & lawyers fee's.

[skdad]

She has also asked that I sign a document stating that the 10% down payment is a gift. I don't think of it as a gift, but rather as a separation agreement settlement. I would like to make the cheque payable to the realtor, or the lawyers completing the purchase contract. She is insisting that the bank need to see the monies going into, & out of her personal account. I don't think that is in her best interest either, as it may be considered as taxable income. I would like to make this payment directly to the 10% down payment.

[DunnMom]

Originally Posted by Gary M

My gut reaction is to scream STOP! and encourage you to do some hefty research before you travel that road. Lumps sums are treated weirdly in family law and I'd hate to see you do this and then end up being dragged through the system for CS (or non-payment therof).

Be very careful

Cheers!

Gary

Agree whole-heartily with Gary ..... I know that when it comes to sep/div we want to sever ties with the other party but when their are kids involved it just isn't going to happen. You are stuck dealing with your ex until your child is likely 24 yrs old or older!

DO NOT assume that your "lump-sum" payment to bio-mom negates your from __# of years CS because CS is the right of the CHILD, not the other parent and it can/will come back to bite you in the ass no matter what you sign!