Spousal support Help

[YOW]

First, in regard to support payments, it was my understanding that you would not be willing to make monthly payments. To be honest, the real issue not so much about whether it is monthly or lump sum, but that the amount we discussed is too low.

Honestly, for reasons stated by a few here, her suggestion of $600/month is better than your suggestion of lump sum $50K. Reason: taxes.

Second, in regard to the duration of payments, I have been advised that an appropriate duration in our situation would be 10 years. I would expect that your lawyer would have informed you that the range would be between 8 and 16 years.

Ok, I thought you said the subject of support payments could not be reviewed for 10 yrs. To that, I would say no. If she is saying the duration of spousal support payments will last 10 yrs, then that is not bad. I also had replied earlier saying it would be min 8yrs, max 15yrs. So this is right in the ball park. Of course, amount and duration is subject to review due to material change, etc blah blah.

Finally, to the question of the baby bonus, you are free to apply and claim one of the kids when you file your taxes. To be clear, I am only able to claim one child.

Never hurts to file a claim for baby bonus, or child tax credit... You will get some additional paperwork to do. Worst case, CRA says you do not apply. I have an accountant do my taxes, and he does the application for me..

[zanman]

I guess I go back to the Lawyer for advice on the matter? Any Thoughts

Should I email the Lawyer or make a visit ? regarding her latest demand

[rockscan]

You need to get a lawyer. Or speak with your lawyer. At this point shes threatening and needs to just pull the trigger on a motion. Dont take hers or her lawyers word for anything. Talk to your own lawyer.

[zanman]

I have one I'll just make an appointment , I just get so scared of court and what the outcome will be... you just don't know to make a deal or waive your odds in court.

This has already effected me and the kids so emotionally its been unreal

[rockscan]

Your lawyer should be able to help you with the old agreement and also deal with what could possibly happen. If this does go forward, make sure you get a bit more of an iron clad agreement so she cant find any loopholes in the future.

[Wyntermcd]

Given the ages of you both I wouldn't say 10 years is a good deal. Regardless of amount.

I would suggest offering her the $600 for 7 years, alternatively a higher amount for 5 years. But I personally would reserve that as an offer to settle, then if it wasn't agreeable I'd take your chances in a trial, someone mentioned that she still will have to prove entitlement as she did not initially seek spousal support.

Also be very careful of what your putting in your emails to each other, if you say yes to spousal in an email there is no garantee that she won't try and use that against you. Plus any other info you inadvertently reveal without realizing it. I would suggest you be exceptionally careful in your correspondence, this cannot be emphasized enough.

[zanman]

Thanks for all the help , I'll maybe offer $60.000 and see.

Any thoughts ?

I'm honestly really scared for the court thing if it is to come out worse that's the problem. she constanley is reminding me that it will be worse. I would to honestly just tell her to take me to court as I've have done nothing but work with you and she refusing to move from the 10 years and 600.00 per month.

[zanman]

Also does emails I have of her saying I do not intend to seek spousal mean anything?

[zanman]

Also in the agreement we did together and had it notarized by a lawyer. it stated

This agreement adequately and completely provides for the present and future needs of the husband and wife, and each covenants and agrees that the arrangement herein described constitutes a full ,complete and final settlement of all rights, causes, claims , and demands with respect to support and property.

We both met with a lawyer and had it Notarized

[zanman]

Do you think this has any holdings to my case?

Also in the agreement we did together and had it notarized by a lawyer. it stated

This agreement adequately and completely provides for the present and future needs of the husband and wife, and each covenants and agrees that the arrangement herein described constitutes a full ,complete and final settlement of all rights, causes, claims , and demands with respect to support and property.

We both met with a lawyer and had it Notarized

[Links17]

If you have a signed notarized agreement and statements like:
"I do not intend to seek spousal mean anything?"

I would not pay her a penny.

Any discussions/notes you have with a party are available for use in trial once an agreement is SIGNED....

Did the lawyer doing the notarizing ask her any questions about if she consulted legal advice et.c...

[zanman]

We were do that on our own and on the agreement
Its states we have received full independent legal advice with respect to this agreement. also being aware of their intlement to full independent legal advice.

I also have emails from her saying she intended never to seek spousal support. It does not specificly say anything regards to spousal but on the area where it indicated that the Husband shall pay the wife we crossed out and added the below statement.

This agreement adequately and completely provides for the present and future needs of the husband and wife, and each covenants and agrees that the arrangement herein described constitutes a full ,complete and final settlement of all rights, causes, claims , and demands with respect to support and property.

[Links17]

Don't pay anything . Don't negotiate let it go to trial

[Links17]

I imagine she thought the new guy was going to pay for her right and that didn't work out?

the classic case law here is miglin vs miglin but the courts are reluctant to overturn SS agreements.

Google it there is a lot of info
http://victoriasmith.ca/wp-content/u.../11/miglin.pdf

[zanman]

Yes when she left I guess he did promise to look after her, seems he has found another new women I guess. I'm going back to the Lawyer today for some current advice.