No announcement yet.

SS negotiation and Settlement Conference

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • SS negotiation and Settlement Conference

    A few questions here for you:

    1) I am negotiating with my ex re: SS. She offered me $500/mth for 3 years, which is probably better than I would get through the courts at this point. My problem is that once I move out on my own this fall, I won't be able to pay it (I am currently rent-free with family). She refused my offer of $200/mth even though I won't technically be able to afford even that. If we go to court and she is granted $500/mth or more, won't this mean that I'll have to go back to court in the fall asking for a reduction or elimination of SS based on my ability to pay? How would this work?

    2) If she makes an offer to settle in an email, but not via a formal offer through the courts and I refuse, can I get dinged for costs if the courts rule in her favour? My understanding is that if she offered less than what the court grants, I'm on the hook... but does this refer only to formal offers to settle?

    3) Prior to the settlement conference we need to file Briefs. I believe the deadline is 7 days prior to the date. My ex is now self-representing and seems to have no idea about the procedural stuff. If she neglects to file a brief, how will that effect the settlement conference? Does that help me?

  • #2
    Can you describe the context of your situation?

    Length of marriage and cohabitation, children, incomes, assets, debts, equilization, employment status, ...


    • #3
      Married 7 years. 2 kids (12 & 9). I make about $50K now, but less during the marriage - she hasn't held a job for more than 3 months in about 15 years. She's going to school right now - program ends in July but she said she's going back again for something in September now. Assets are minimal - no house, no car, no savings. Equalization works out to me owing her about $1500-$2000 at last calculation.


      • #4
        So, update time.

        After a marathon negotiation last night, here is what's on the table:

        1) SS of $12,400 paid over the next 2 years.
        2) Joint decision-making on major issues re: the kids.
        3) Equalization payments to be made after SS is completed.

        I dunno, I'm thinking I should jump all over that. It means living with family for another year, but after that things are very reasonable. Plus, I get essentially joint custody.

        If we do this, can she still come after me for more SS later? As she's not working now when she's making this offer, I would think it would be hard for her to go back and claim a change of circumstance for the worse which would neccessitate more money.


        • #5
          Get a lawyer to draft a full and final release to any past/future claims for SS and while he is at it, combine the terms you guys agreed to on your own. It would be money well spent.


          • #6
            My lawyer won't negotiate

            My lawyer won't even negotiate. Just want to go to trial when I want to negotiate. I want to change lawyers with what he got now. I will start a new post/thread.


            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.