Announcement

Collapse
No announcement yet.

Separation Agreement - is this one acceptable?

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

  • #16
    I'm preparing an offer to settle to my ex. This is an exert from my proposed CS sections (my children are all young):

    h. 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.
    i. 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.

    Comment


    • #17
      MK; I don't know a lot about the equalization topic. You need to read up on that - make a list of all assets and debts - include the property (Poland and Canada), the monies you contributed to RESP's etc (all the things you mentioned here).

      There's a book I find helpful for quick reference - it's called "Surviving your Divorce" 5th Edition, by Michael G. Cochrane. It's $29.99 at Chapter's or check the Library. You need to inform yourself. Many people on here can understand your emotional state and anger is all part of that. Hopefully you have one or two close friends who are a support to you.

      As for husband looking for someone else.. Good - let them do his laundry etc. Being divorced/single is not all that bad. There is a peace that comes with it, and a chance to live your life in a new way. Your job now is to decide what is a fair arrangement for you and the kids based on all of the facts/matters to be considered. Are you able to consult with a Family Lawyer for an hour? Would be a well-spent $300 (approx). Court should be a very last resort.

      Comment


      • #18
        Originally posted by SingingDad View Post
        I'm preparing an offer to settle to my ex. This is an exert from my proposed CS sections (my children are all young):

        h. 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.
        i. 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.
        Sorry I should have mentioned I'm asking if this is sufficient for the termination of child support and reasonable for situations after they turn 18.

        I also have section 7 expenses continuing until 23 or their first post secondary program is complete.

        Comment


        • #19
          MK:

          With respect to all of the legal rules and law mumbo jumbo: While it gets a nod from everyone involved, it applies most strongly in court and less so when it comes to settlement.

          I found the settlement process to be more or less dependent simply on what you think you can get the other person to agree to and less on what might be 100% fair.

          That being said, the offer you received looks fairly acceptable. If the situation with your son in adult high school changes and he wants to attend college then that would be a material change in circumstances which would warrant adjusting CS if it should occur.

          With respect to the RESP and school expenses, what I generally consider fair is:

          -Post secondary expenses to be paid firstly from RESPs, bursaries, scholarships and such.

          -Of the remaining balance, 1/3 is to be paid by the child.

          -Of the remaining 2/3, it is split in proportion of the income of the two parents. In your case this sounds like it would be roughly 1/3 each.

          Other things to consider: It is highly likely one or both of your sons will qualify for generous student loans living with a single parent with low income. If they want to attend school they will find financial assistance, though it's likely they will have to work part-time too.

          Lastly, with respect to the family debt: I notice there was no mention of net family property, financial statements or equalization payment. This is a process that should definitely be completed and the opposing lawyer knows this. This paperwork is very helpful for all parties to see many aspects of the finances.

          Don't worry about the 2 week deadline though to comply all you have to do is acknowledge that you received it and are considering it. As others have stated, in your situation there is very little money up for grabs outside of the home equity and the core of the offer sounds pretty reasonable.

          Comment


          • #20
            SingingDad, you should probably start your own topic for that question, so as not to derail this one. Just a courtesy around here!

            Comment


            • #21
              My apologies... It was a relatively similar topic and didn't want to create another thread with a similar discussion.

              Comment

              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.
              Working...
              X