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Please don't judge any mistakes in this post as I wrote the whole thing in my phone.
I wasn't sure how to do an offer to settle so I wrote it as a separation agreement. After a preamble where I state who we are, identify our children, and a preamble about the intent of the document. I then have some joint, could centric, statements about the importance parent-child relationships, stability, consistency etc. I then have 4 main sections: custody, parenting schedule, parenting provisions and financial considerations.
The custody section is short and sweet. Shared legal custody, shared physical custody specifying 50/50.
Parenting schedule I'm pretty solid with, I had to be specific on a lot of stuff because of how contentious this separation has been. I talked about holidays, vacations, birthdays, pd days, child illnesses, who gets to chose what when how to ask for a deviation from the schedule and so forth.
Parenting provisions I'm ok except a couple sections. I want to specify how and when each of us would be able to attend at each others residence ie with permission, for exchanges, emergency situations etc. but am not sure how to word it. I also want to set out a process for introducing new partners to the kids. This is what I have for those sections:
CONTACT BETWEEN PARENTS
A. Primary contact between the parents shall be through email or text message.
B. Phone communication will be used in emergency situations or if there is a time sensitive issue that needs to be discussed.
C. There shall be no unnecessary communication between the parents while one or the other is at work/school.
D. The parties agree that neither shall attend the other’s residence unless:
i. It is for the purpose of dropping off or picking up the children;
ii.There is an emergency situation regarding one or more of the children, or the other parent; or
iii. They have the expressed permission and invitation of the other parent.
Schedule and Method for Introducing New Partners
The Applicant and Respondent acknowledge that it is important for the children to be afforded an opportunity to adjust to their separation, their new homes and the parenting schedule to which has been agreed.
They both acknowledge the importance of new partners being introduced to the children in a healthy way and when the children are emotionally ready and able to accept a new partner for either or both parents.
Accordingly the parties agree to the following:
A. No new partner will be introduced to the children unless the relationship is stable and one which is considered as potentially long term.
B. New partners will be initially introduced to the children in a neutral location (e.g. Dinner out, concert, movie etc.).
C. Neither parent will permit any new partner to sleep over at his/her home while having custody of the children until at least one month (30 days) after initial introduction to the children and the new partner has had 4 prolonged interactions with the children.
D. The parents agree to notify each other if they plan to start cohabitating with a new partner.
E. Neither parent will introduce a new partner to the children within 6 months of the signing of this document.
F. Each parent will ultimately have final decision making authority in relation to the introduction of new partners to the children.
I'm having the most trouble with the financial section as I want to make some lump sum payments and don't wasn't the amounts revisited, and I wanted to make sure when cs
ended. Here is what I have so far:
CHILD SUPPORT
A. The Applicant agrees to pay the Respondent child support in accordance with the Ontario child support tables.
B. The Respondent agrees to pay the Applicant child support in accordance with the Ontario child support tables.
C. The parties will use an offset calculation to determine the net amount of child support to be paid each month.
D. The amount of child support will be based on their reported incomes on line 150 of their Federal Income Tax returns, but shall also include any Government subsidies received, that are not reported on a Federal Income Tax return, that reduce the basic costs of living (ex. rent-geared-to-income).
E. Calculated child support amounts will be paid on a July though June basis.
The parties shall disclose all financial documentation to each other no later than June 15th of each year.
F. The parties will declare all income sources on their Federal Income Tax returns.
Child support requirements will cease at 12:01 am the day each child reaches the age of majority, but shall not affect the amount of any support payment required to be made the first day of the month in which they reach the age of majority.
G. The parties agree to support the children, as necessary, after they reach the age of majority but it will be done individually and not in association with the Ontario child support tables.
H. Should the expected income for either parent change by more than 10% of the amount on line 150 of their Federal income tax return from the previous year, it will be disclosed to the other parent and the child support payment will be adjusted accordingly.
I. The parties agree to not involve the Family Responsibility Office (FRO) for the payment and receiving of child support at this time.
J. Either parent may decide to involve the FRO at any time for any reason.
SPOUSAL SUPPORT
The Applicant agrees to a Spousal Support Release, and further the parties agree to a lump sum payment from the Respondent to the Applicant in the amount of $ xxxxxx to settle the spousal support issue. This represents the net benefit with respect to Applicant’s requested monthly spousal support made in the amended application. The parties agree that this will be the only spousal support payment made by either party and that no further claim can be made by either parent.
Division of property
The Respondent agrees to pay the Applicant a transfer payment of $xxxxxxx as a final and binding amount for the division of any and all remaining joint items, assets, and liabilities including but not limited to, any remaining joint items remaining in the former joint residence, the Respondent’s pension, and any debts accrued during the marriage.
I wasn't sure how to do an offer to settle so I wrote it as a separation agreement. After a preamble where I state who we are, identify our children, and a preamble about the intent of the document. I then have some joint, could centric, statements about the importance parent-child relationships, stability, consistency etc. I then have 4 main sections: custody, parenting schedule, parenting provisions and financial considerations.
The custody section is short and sweet. Shared legal custody, shared physical custody specifying 50/50.
Parenting schedule I'm pretty solid with, I had to be specific on a lot of stuff because of how contentious this separation has been. I talked about holidays, vacations, birthdays, pd days, child illnesses, who gets to chose what when how to ask for a deviation from the schedule and so forth.
Parenting provisions I'm ok except a couple sections. I want to specify how and when each of us would be able to attend at each others residence ie with permission, for exchanges, emergency situations etc. but am not sure how to word it. I also want to set out a process for introducing new partners to the kids. This is what I have for those sections:
CONTACT BETWEEN PARENTS
A. Primary contact between the parents shall be through email or text message.
B. Phone communication will be used in emergency situations or if there is a time sensitive issue that needs to be discussed.
C. There shall be no unnecessary communication between the parents while one or the other is at work/school.
D. The parties agree that neither shall attend the other’s residence unless:
i. It is for the purpose of dropping off or picking up the children;
ii.There is an emergency situation regarding one or more of the children, or the other parent; or
iii. They have the expressed permission and invitation of the other parent.
Schedule and Method for Introducing New Partners
The Applicant and Respondent acknowledge that it is important for the children to be afforded an opportunity to adjust to their separation, their new homes and the parenting schedule to which has been agreed.
They both acknowledge the importance of new partners being introduced to the children in a healthy way and when the children are emotionally ready and able to accept a new partner for either or both parents.
Accordingly the parties agree to the following:
A. No new partner will be introduced to the children unless the relationship is stable and one which is considered as potentially long term.
B. New partners will be initially introduced to the children in a neutral location (e.g. Dinner out, concert, movie etc.).
C. Neither parent will permit any new partner to sleep over at his/her home while having custody of the children until at least one month (30 days) after initial introduction to the children and the new partner has had 4 prolonged interactions with the children.
D. The parents agree to notify each other if they plan to start cohabitating with a new partner.
E. Neither parent will introduce a new partner to the children within 6 months of the signing of this document.
F. Each parent will ultimately have final decision making authority in relation to the introduction of new partners to the children.
I'm having the most trouble with the financial section as I want to make some lump sum payments and don't wasn't the amounts revisited, and I wanted to make sure when cs
ended. Here is what I have so far:
CHILD SUPPORT
A. The Applicant agrees to pay the Respondent child support in accordance with the Ontario child support tables.
B. The Respondent agrees to pay the Applicant child support in accordance with the Ontario child support tables.
C. The parties will use an offset calculation to determine the net amount of child support to be paid each month.
D. The amount of child support will be based on their reported incomes on line 150 of their Federal Income Tax returns, but shall also include any Government subsidies received, that are not reported on a Federal Income Tax return, that reduce the basic costs of living (ex. rent-geared-to-income).
E. Calculated child support amounts will be paid on a July though June basis.
The parties shall disclose all financial documentation to each other no later than June 15th of each year.
F. The parties will declare all income sources on their Federal Income Tax returns.
Child support requirements will cease at 12:01 am the day each child reaches the age of majority, but shall not affect the amount of any support payment required to be made the first day of the month in which they reach the age of majority.
G. The parties agree to support the children, as necessary, after they reach the age of majority but it will be done individually and not in association with the Ontario child support tables.
H. Should the expected income for either parent change by more than 10% of the amount on line 150 of their Federal income tax return from the previous year, it will be disclosed to the other parent and the child support payment will be adjusted accordingly.
I. The parties agree to not involve the Family Responsibility Office (FRO) for the payment and receiving of child support at this time.
J. Either parent may decide to involve the FRO at any time for any reason.
SPOUSAL SUPPORT
The Applicant agrees to a Spousal Support Release, and further the parties agree to a lump sum payment from the Respondent to the Applicant in the amount of $ xxxxxx to settle the spousal support issue. This represents the net benefit with respect to Applicant’s requested monthly spousal support made in the amended application. The parties agree that this will be the only spousal support payment made by either party and that no further claim can be made by either parent.
Division of property
The Respondent agrees to pay the Applicant a transfer payment of $xxxxxxx as a final and binding amount for the division of any and all remaining joint items, assets, and liabilities including but not limited to, any remaining joint items remaining in the former joint residence, the Respondent’s pension, and any debts accrued during the marriage.
Still not "enforceable" but sounds reasonable enough. My son was introduced to ex's new partner in a HORRIBLE way. (And a couple of fling relationships he had met on-line too!!) So I do understand "where" your intentions lie. I'd like to believe most people have the common sense to properly introduce new partners, but the fact is that some do NOT.
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