Ex failed to fulfill settlement conference agreement

[iismail]

Hello,

We had our settlement conference back in 6 months ago and we both agreement pretty much everything.
In the settlement conference minutes we put one close that I will provide them my student load debt at the date of marriage and based on that, the equalization amount will be adjusted accordingly.
I provide them a copy of statement of account from Canada student load that shows that i did not make any payment since the date of marriage.
My ex disagree and she is arguing that I made a payments during the marriage. I gave them all my bank statement since the date of marriage and if I made a payment it should show up there but none of single payment is there.

I asked my Ex's lawyer to finalize the separation agreement that we had at the settlement conference and she won't, she keep insisting that I made substantial student loan until I provide them they won't move forward the divorce.

At the settlement conference we agree that my ex will buy out my share of the matrimonial house (50%).
My ex is occupying our matrimonial home with our three children since the separation (3 years) while I am renting a room (10x10) in shared house. I am paying child support and section 7 expenses every month and she is covering the mortgage expense. Technically I could have asked occupational rent but I want to speed up this divorce and move on.

I need my 50% share of the matrimonial to buy a property on my own but they won't agree to sign the final separation agreement.
Also I ask receipt for the child care expenses that I am paying ($750/months) but ex's lawyer won't respond to that.

Question:
1. Should i request a new settlement conference or file a motion and explain the judge? I am not sure if a judge can force them to settle.
2. Regarding the receipt, is it something that both party negotiate who should claim child care expense (revenue Canada) or each one will claim his or her portion?
3. Would it possible to hire a lawyer to defend me at court, as I am not very articulate person and can't express myself very clearly in front of the judge but will do the paper work.

Thank you in advance.

[FightingForFamily]

Sounds like your minutes did not include any consent orders which is a big part of the problem.

I would file a motion for the equalization amount and share of the matrimonial home and provide your disclosure. Make sure it is very complete! It's not up to your combative spouse to decide if it's acceptable...

[blinkandimgone]

I don't have any advice for you, but am curious as to the effects of listing your student loans/paying your student loans during the marriage. How does this effect equalization?

[Mess]

I don't have any advice for you, but am curious as to the effects of listing your student loans/paying your student loans during the marriage. How does this effect equalization?

It depends on the other assets.

If the OP had a 20k debt at the beginning of the marriage and the same at the end, this 20k is still subtracted from any other assets for the equalization. The net worth is asset - debt, it doesn't really matter when the debt was incurred.

If the loan has been partially paid off, then there are more assets on the OP's side of the ledger at the end of marriage, so the equalization changes.

The problem here is that you can't prove a negative, you can't prove that you didn't make loan payments, other than by submitting what was said, the current bank records. The request by opposing lawyer is simply ridiculous, which would indicate to me that they are just stalling and not wanting to settle.

The reason would be that the ex is living in the house and not paying the OP the occupational rent for his half ownership. So the longer this drags on, the better their result is.

[blinkandimgone]

Thanks Mess, I might have more questions for you on this later, if you're willing?

[Mess]

I'm always willing, you know that. But you supply the baby oil.

[blinkandimgone]

lmao! I'll bring the baby oil, you bring the Twister board?

[iismail]

Can someone comment on the child care receipts for tax purpose?

[FaithandMorals]

Can someone comment on the child care receipts for tax purpose?

Pay the daycare provider directly and get receipts from the provider going forward. For previous payments ask your ex to provide them. Whether they do or not is irrelevant since you will see it on their tax return when these are exchanged. Then work out what if any tax advantage the OP received and divide the true net cost (eg gross - tax savings) then divide by two and apply whatever over payments have been made if any.

[iismail]

Thank you all for your suggestions.

[Berner_Faith]

iismail... how my bf's SA is worded is that he only pays his portion of day care expenses AFTER tax benefits are taken into consideration. For the UCCB, his ex receives $200 per month in benefits... any daycare amounts that exceed this amount are then split according to income. Although the ex has fought it, she finally agreed and this is what they will be doing (although he has not received a child care statement for 6 months)