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  • "arrears"

    My ex and I are separated 7 years and divorced 5 years. 7 years ago when he filed for divorce, he requested spousal support however besides me agreeing to give him assets and home, half pension, vehicle, he has never sought actual support from me. Not only has be never pursued spousal support, there was also no attempt on his part to obtain an interim order. Nothing. Now all these years later he is coming after me for spousal support and his lawyer claims I owe him thousands and thousands in "arrears". Clearly there are no arrears as there was never a support order in place. Does he have any chance at all in collecting "arrears"? I can't see it but I find it so odd that his lawyer would ask for it if it was ridiculous. thanks

  • #2
    I believe you have asked this question in another thread. I'm not sure if you aren't getting the answers you are looking for.

    After this much time, he needs to prove entitlement.

    "Arrears", only occur if an order was previously in place and you did not pay.

    If he is applying for social assistance, they will provide a legal aid lawyer to pursue any avenue for support. That doesn't mean your ex. will get it. The government is trying to see if there is any other source of money before they approve him for assistance.

    You should probably seek legal advice.


    • #3
      Originally posted by BeeQueen View Post
      Does he have any chance at all in collecting "arrears"? I can't see it but I find it so odd that his lawyer would ask for it if it was ridiculous. thanks
      This is where you have to start thinking differently. His lawyer works for him, and will try anything for his client, however unlikely. There is a chance that being threatened with legal action will make you cave in, so they will try it.

      Lawyers ask for ridiculous things all the time. Sometimes they keep the issues going just so they can keep billing. It's up to you, and your lawyer, to decide how unlikely something is. Don't depend on the other side to only ask for reasonable things.

      Think about it. Which is the more likely scenario?

      Ex's lawyer - you should ask for arrears.
      Ex - okay
      Ex's lawyer bills ex for $3000 to handle legal action
      You/judge - don't be ridiculous
      Ex's lawyer - oh well, we tried
      Ex's lawyer bills ex for $3000 more dollars


      Ex - can I go for arrears?
      Ex's lawyer - don't be ridiculous.
      Ex's lawyer - bills $200 for this advice
      Last edited by Rioe; 04-21-2013, 05:55 PM.


      • #4
        Thanks to you both for your response. I am a little intimidated by this process but this forum certainly helps.

        I will be sure to keep in mind the role of my ex's lawyer and the fact that he has very little incentive to play fair or be reasonable. For him, he's got nothing to lose. I on the other hand have everything to lose.
        Again- thank you to those who responded.


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