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Originally posted two weeks ago no replies so trying again.
Thanks
Hello, I have been reading on this site for a few years and I've finally gotten around to telling my situation. In a nutshell, been separated since 2005. In 2006 we did the do it yourself separation agreement thing when she moved 400 Kms from here and the kids stayed with me. Married 21 years, both children are young adults taking post secondary education courses. They both live with me.
The EX has a disibility pension that pays roughly 30K a year I have a position that paid at time of separation 56K but in the past year has risen to 68K. 6 months ago, I received funds from a parents estate and prior to that I had additional income from a military injury. I receive a monthly award from Veterans Affairs.
Now the agreement we signed in 2006 basically said that we will split the assets from the house and be on our way, I will take care of the kids since if we follow the SSAG it would basically be a wash.. We both wilingly agreed to this and had the agreeement signed before a Comminioner of Oaths.
In June of this year, after I received my inheritance I also received a letter from a lawyer informing me that my EX wishes to have the agreement set aside. I hired a lawyer and guess what.. This whole thing is taking on a life of its own, I have already spent over 5K and this is nowhere near being settled.
Question 1 Should a salary increase as a result of a promotion 4 years POST Separation be included when determining income division.
Question 2 Should a military pension award be included as income as it's very similar to receiving funds from an accident. The award is tax free and is not ever claimed on income tax statements... I did include it when I submitted my financial report so that I was being totally upfront and hiding nothing.
I spoke to my lawyer about this, b4 I hired him he said both could be fought, after hiring him, he recently said he never said that and that both must be included. I pointed out to him Fisher vs Fisher...
I'm prepared to fight the original agreement but he's not sure I have a leg to stand on due to the Meglin decision...
As I'm a federal employee I also have a sizable pension that is in question as my laywer refuses to accept the Supperanuation division and insists on having the pension valued by an actuary.
Any comments would be appreciated.
Thanks
Hello, I have been reading on this site for a few years and I've finally gotten around to telling my situation. In a nutshell, been separated since 2005. In 2006 we did the do it yourself separation agreement thing when she moved 400 Kms from here and the kids stayed with me. Married 21 years, both children are young adults taking post secondary education courses. They both live with me.
The EX has a disibility pension that pays roughly 30K a year I have a position that paid at time of separation 56K but in the past year has risen to 68K. 6 months ago, I received funds from a parents estate and prior to that I had additional income from a military injury. I receive a monthly award from Veterans Affairs.
Now the agreement we signed in 2006 basically said that we will split the assets from the house and be on our way, I will take care of the kids since if we follow the SSAG it would basically be a wash.. We both wilingly agreed to this and had the agreeement signed before a Comminioner of Oaths.
In June of this year, after I received my inheritance I also received a letter from a lawyer informing me that my EX wishes to have the agreement set aside. I hired a lawyer and guess what.. This whole thing is taking on a life of its own, I have already spent over 5K and this is nowhere near being settled.
Question 1 Should a salary increase as a result of a promotion 4 years POST Separation be included when determining income division.
Question 2 Should a military pension award be included as income as it's very similar to receiving funds from an accident. The award is tax free and is not ever claimed on income tax statements... I did include it when I submitted my financial report so that I was being totally upfront and hiding nothing.
I spoke to my lawyer about this, b4 I hired him he said both could be fought, after hiring him, he recently said he never said that and that both must be included. I pointed out to him Fisher vs Fisher...
I'm prepared to fight the original agreement but he's not sure I have a leg to stand on due to the Meglin decision...
As I'm a federal employee I also have a sizable pension that is in question as my laywer refuses to accept the Supperanuation division and insists on having the pension valued by an actuary.
Any comments would be appreciated.
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