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  • Backing out of a Final Settlement order?

    Hoping someone can point me in the right direction. Im self repp'd and ex isn't. His lawyer and I sat down and worked out an agreement a week before our trial. This settlement was based on info I had at that time. His lawyer forwared me a Final order to sign. I was about to sign it today and send it back when important info came to light. What we had settled on now is extremely unfair. I had originally agreed to no cs, to take on all the debt, in exchange for the home and his equity in that. As he claimed he was not employed, etc.

    Ex lives overseas and sends ziltch to his daughter has he has claimed to be unemployed. However, he is employed, and very well I might add. He was married again before we were divorced and has 2 other children and took and extravagant honeymoon. This is the new info that has since came to light. All of which he has previously denied in court documents. All of this while "unemployed." I don't think its my place to say weither or not my daughter deserves child support or not.

    So...back to my original question is...what is my next step? I have e mailed his lawyer, advising that the settlement no longer seems fair and I can not sign the final order. I also included a few pieces of new evidence.

    Please hold off on any judgement of me as I've familiar with this forum and please remember that my child's father pays no cs and has not paid for years, has not seen her in 5 years, etc mean while he's earning 6 figure tax free salary.

  • #2
    I have yet to sign the Final order/likewise a judge has not signed it either. I assume a Motion to change would be jumping the gun.

    Comment


    • #3
      If you worked out an agreement you surely signed minutes of settlement? Or something that drafted what you agreed to with the lawyer. The issue is now you are trying to legitimately back out of a binding legal agreement that you committed to. Simply put - not an easy feat.

      From the little in your post I personally do not see just cause for you to reneg on the agreement. For the following reasons:

      You offset the CS for equity - so essentially that IS your CS.... you didn't forgo it as I read your post as you basically took it in a lump sum.

      The honeymoon has no bearing. It could have been a gift from his mistress or mother - it is irrelevant.

      I don't understand why you think he is employed and yet there are claims of no employment... but if the equity in the house is what offsets your CS then it is irrelevant.

      Being remarried and having two more kids - irrelevant.

      And btw, the lawyer could take you to court and you'd likely be stuck with all costs. Binding agreements are binding agreements, not willy nilly when your knickers get in a knot.

      Comment


      • #4
        Equity is to offset the debt that I took over. There would not be child support left over based on his claim that he is unemployed.
        To live where he lives and have the family that he now does...is not possible if you were unemployed.
        Minutes of settlement were signed, you are correct. It is the final order that is not signed.

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        • #5
          What "EVIDENCE" do you have to support this claim.

          I hope it's not hearsay.

          Comment


          • #6
            Well a couple of problems still: you signed it. Its binding. Doesn't matter that it hasn't been put into a final order yet. It is still a binding agreement as far as I'm concerned.

            The honeymoon and additional kids are still irrelevant.

            How do you know he is employed? Do you have proof? If so just pursue CS as the CS is the only issue really since the equity and debt were offsets.

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            • #7
              I see you are self represented. I think it may be in your best interests to seek advice from a lawyer. First 30 minutes should be free.

              I'm curious as to what exactly you settled for. Your circumstances seem a little similar to mine. You should not feel railroaded into something because you have no lawyer, but on the same note you must be consistent with valid reasons to support yourself.

              You state that your ex remarried before you divorced. This is bigamy.

              Comment


              • #8
                Exactly Serene...my daughter should be provided for financially by both parents. Do I meet her needs yes. Can I provide the extras like he who makes 6 figures and is now debt free thanks to me, not a chance.

                This settlement was based on the fact that he had no income which we now know to be false. He is infact the head of telecom for one of the top telecommunications company in the world.

                Again as stated im not asking for irrelevant questions, just would like to know what the next step would be as I cant see it being a motion to change as it has not been signed by myself or judge. Thanks.

                Comment


                • #9
                  Originally posted by Little Leprechaun View Post
                  I see you are self represented. I think it may be in your best interests to seek advice from a lawyer. First 30 minutes should be free.

                  I'm curious as to what exactly you settled for. Your circumstances seem a little similar to mine. You should not feel railroaded into something because you have no lawyer, but on the same note you must be consistent with valid reasons to support yourself.

                  You state that your ex remarried before you divorced. This is bigamy.

                  It is bigamy in Canada. Unfortunately/fortunately he no longer resides in Canada. Our settlement included sole cystody for me...no child support...I take all debt and in return I keep the home.

                  Comment


                  • #10
                    Didn't you say your ex now lives in the middle East or someplace like that where there are no reciprocal agreements about abduction or enforcing CS orders or things like that?

                    Even if you did miraculously get a court order that assigns CS to him based on his employment income, odds are you wouldn't be able to do anything to make him pay it. So how is that different from the situation you would have by signing the current settlement?

                    Your best bet is probably to take what you have now instead of fighting further for very little possible gain. It would be better for your emotional health, and might even make your ex feel like he 'won' which might make him more magnanimous when it comes to dealing with your child in the future.

                    At most, maybe you could sneak in a clause that says something along the lines of "When X finds gainful employment, he will begin paying CS according to table amounts for his income." That way, you aren't fighting to document and prove that he is employed NOW, you are just making sure that there is a CS order in place for when he admits to being employed in the future. He'll either have to admit it someday, or waste his own emotional energy working to conceal it from you.

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                    • #11
                      Its not a matter of if he is employed. He is employed. I want an order for cs. I plan on registering with FRO. If he pays thats awesome as it will certainly benefit my daughter. If he does not then he is blocked from re entering Canada. He absolutely should be paying cs, that is the very least he can do for her.

                      Comment


                      • #12
                        Originally posted by takeontheworld View Post
                        Its not a matter of if he is employed. He is employed. I want an order for cs. I plan on registering with FRO. If he pays thats awesome as it will certainly benefit my daughter. If he does not then he is blocked from re entering Canada. He absolutely should be paying cs, that is the very least he can do for her.
                        Again, what evidence do you have to prove this that's not hearsay?

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                        • #13
                          Originally posted by FB_ View Post
                          Again, what evidence do you have to prove this that's not hearsay?
                          If you dont mind...I will keep that to myself. If you cant take the time to read the thread and what ive said than I really cant be bothered to announce again to the world and possibly him tge exact evidence that I do have.

                          Given the fact that I left him with my daughter in tow without having a job 6 years ago without a penny of his and managed to take care of us and get this far in the court system...it suffices to say I know the difference between hearsay and evidence.

                          Comment


                          • #14
                            Takeontheworld, I understand your frustration in seeking an answer . It is not a matter of if you understand the difference between hearsay and evidence. What matters is the actual evidence. There are done pretty experienced and knowledgeable members that are willing to help. There is a reason why "FB" is asking what evidence. Answers can change depending on the evidence you have.


                            Sent from my iPhone using Tapatalk

                            Comment


                            • #15
                              I'm not saying he shouldn't be paying CS. Of course he should. But he's already clearly demonstrated he will do whatever is necessary to avoid it. So you should be weighing the costs of ignoring your settlement and going to trial vs the slim chance of getting the CS.

                              To me, it looks like your choices are between

                              A) sticking with what you have now and getting no order for CS, but being able to relax, and having the chance that he will pay something voluntarily, and maintain a relationship with the child by visiting Canada occasionally.

                              and

                              B) fighting for years more to maybe get an order for CS that he will not pay voluntarily and FRO cannot enforce. He will likely resent you, ignore and avoid the child, and never visit Canada.

                              Either way, you never see any CS money, but choice B prolongs your suffering and also hampers the father/child relationship.

                              Also, can FRO block him from entering Canada? I think they only have power over his passport, but that wouldn't stop him from travelling on his new country's passport, would it?

                              Comment

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