Ottawa Divorce .com Forums

Ottawa Divorce .com Forums (https://www.ottawadivorce.com/forum/index.php)
-   Divorce & Family Law (https://www.ottawadivorce.com/forum/forumdisplay.php?f=3)
-   -   Change in parenting (https://www.ottawadivorce.com/forum/showthread.php?t=23592)

Vartan 05-21-2021 11:35 AM

Change in parenting
 
My son who is 15 years old could not live with my ex wife and she asked me to take him. I agreed. However, in the original separation agreement, I gave her the majority of the assets (house and a promise not to take my half of her pension) as she said that she could not support our child if I did.
However the circumstances have changed. I am now looking after my son and he has nothing to do with my ex. Is there any way that I can reopen the separation agreement as the basis of the split in assets is no longer valid?

arbortrail22 05-21-2021 01:21 PM

If the access has changed, you could look to vary child support... run the numbers with 0% access with mom and 100% with Dad as a starting point for negotiations with mom...

Vartan 05-21-2021 02:28 PM

I’m looking for some form of equalization payment. Also, if he is not attending school, does she still have to pay child support?

rockscan 05-21-2021 03:33 PM

No you cant go back and recalculate equalization. That ship sailed.

She is obligated to pay you monthly support until he is 18 so you would go for that.

Vartan 05-21-2021 05:14 PM

Even if he is not currently enrolled in school. He was expelled. He is 15 years old

rockscan 05-21-2021 06:18 PM

Doesnt matter. Until hes 18 he gets support.

StillPaying 05-22-2021 02:02 PM

Quote:

Originally Posted by rockscan (Post 246359)
No you can�t go back and recalculate equalization. That ship sailed.

I think it would depend more on how the agreement was written.
The more detailed amounts for assets, debt, and support would make it easier to reclaim your unused prepaid support. Then ex can either prepay you or pay regular support moving forward.


All times are GMT -4. The time now is 09:50 AM.