how to deal with ex's offer to settle

[InterprovincialParents]

RE: Child support...

Health and Dental benefits are S.7 expenses...and should be split by the respective incomes of the parties...so offset arrears by her share, not by the full amount.

Lump sum ought to be taken from arrears. If you can prove that it was a child support payment.

Therefore, counter with lump sum off, as well as what you figure your share of the health and dental. If it goes to Trial, you will not win full amount paid taken out of arrears anyway.

[rwm1273]

Was there any equalization payments? Did you deal with the property fairly? If she received a large amount from the sale of any assets, then you can use that as an argument to counter the spousal support issue as well.

Spousal support is not a right. It is only suppose to assist one spouse to get back on their feet and be self sufficient.

[logicalvelocity]

I'm with rwm on the child support issue - counter offer to Settle less amounts of paid lump sums.

With respect to spousal - The key is Need vs. Means. During the separation - they had means to travel abroad.

I think I would be countering their SS claim with my own amended claim and seek spousal support myself with a goal of Settlement.

Suspect at the end of the day - the strength of their SS claim in its entirety has faded.

[rwm1273]

First I would like to let you know what the possible consequenses of not agreeing to a reasonable offer to settle can be at trial.

If she wins, then you will be faced with having to pay her double her trial fees. This rule is there to make people think twice about going to trial over nothing.

From what it sounds like you have done your homework, and done the math.

I would counter the offer with a reduce the arrears by the amount that you had already paid. I would also point out that since she is working and had the ability to work all along, that you are only willing to pay for spousal support for a short period of time, and maybe the 3 years would be reasonable. I would also ask to see her financial disclosure.

If the other side is smart, they would agree to make more discussions, and work it out without trial, since if they lose, you get double your trial fees too.

Who had the kids when she was out of the country?

[nick2009]

Hi, guys,

Two days ago I got an offer to settle from ex lawyer. a couple of issues make me headache. do not know what the proper answers are. if we can not settle, then the trial management conference will be the next step. I just want to be fair, no matter how the parties feel so that no one could complain.

1st issue:Child support

ex offer: i shall pay child support retroactive in the amount of $30,800 (this number is roughly correct) from the date of separation, January 2003 to December 2009.

the fact: during January 2003 to December 2009
1. i paid ex $12000 for the child support in four times in the lump sum way.
(i have bank records)
2. i paid for the child medical and dental insurance. ($6700 in total)
3. i paid the child medical and dental care cost.

based on the above, i would like to know some ideas about it. what is the proper counter offer i should give. if go to trial management conference, what the judge will say about child support retroactive.

2nd issue: spousal support

ex offer: i shall pay ex spousal support in the amount of $200 per month for four years retroactive from the date of separation in January 2003, $9600 in total.

facts and my questions:
(1) by law, can ex have right to trace back to 2003 in order to claim such sum of spousal support. i heard but not sure that only 3 years of spousal support retroactive, which means ex can only claim spousal support during September 2007 to September 2010. Normally how many year can ex trace back to claim spousal support.

(2) ex and her lawyer did not serve me the Financial Support on the case conference, the first settlement conference and the second settlement conference.

(3) during April 30, 2008 to mid September 2008, ex traveled abroad, which i believe ex is not entitled to claim the spousal support without putting efforts to look for a job.

(4) from November 2009 to now, ex got a job and now is still working in a hospital in downtown Toronto, earning more than i do now. i believe this is part of reason ex refuses to serve me the financial support.

(5) ex has a university degree in accounting at the Ryerson University.

(6) should i make a move to claim spousal support from now on

(7) give me some thoughts, anything.

thank you very much

Nick
September 19, 2010