I hope I am not wearing out my welcome, I appreciate the advice I've been given so far and hope to bounce some ideas from you.
I spoke in the past about a Motion to Vary from my ex. We are now set for the motion date, and I am trying to figure out the best approach to hopefully protect myself in terms of costs. I am not getting a warm fuzzy from my lawyer, which is part of the problem.
I will preface this by stating that we negotiated child support for the last 5 years... which in my mind was a huge mistake...
The quick history is that we agreed to redirect CS payments to a joint RESP for the sole benefit of the child. We also fixed this amount for 5 years, and Section 7 was limited to 33%.
Fast forward, and ex is asking for a motion to change, where she gets paid directly, life insurance, section 7, RESP transferred, and retro CS.
I've acted in good faith, followed the court order religiously and paid my CS obligation, and the child benefited directly. I know... it was good for the child, but the courts don't look fondly at doing things this way.
I made an offer to settle. I would pay CS, S7 (as with existing order), but I have a big issue with our RESP account, since it was for the exclusive benefit of the child and essentially, she is arguing that it be transferred to her and she could do whatever she likes with it. It should be noted that the RESP came as a consensual motion to vary, where I gave up custodial rights on education as well as any & all tax benefits in order to redirect payments to the child (everybody won, except my payments stayed the same)
Can I make a "Partial Offer to Settle", would lawyers be willing to batter? meaning that I agree to CS & S7, and they will drop the other claims and only deal with the RESP? Is there an issue with costs in doing so?
Thanks
I spoke in the past about a Motion to Vary from my ex. We are now set for the motion date, and I am trying to figure out the best approach to hopefully protect myself in terms of costs. I am not getting a warm fuzzy from my lawyer, which is part of the problem.
I will preface this by stating that we negotiated child support for the last 5 years... which in my mind was a huge mistake...
The quick history is that we agreed to redirect CS payments to a joint RESP for the sole benefit of the child. We also fixed this amount for 5 years, and Section 7 was limited to 33%.
Fast forward, and ex is asking for a motion to change, where she gets paid directly, life insurance, section 7, RESP transferred, and retro CS.
I've acted in good faith, followed the court order religiously and paid my CS obligation, and the child benefited directly. I know... it was good for the child, but the courts don't look fondly at doing things this way.
I made an offer to settle. I would pay CS, S7 (as with existing order), but I have a big issue with our RESP account, since it was for the exclusive benefit of the child and essentially, she is arguing that it be transferred to her and she could do whatever she likes with it. It should be noted that the RESP came as a consensual motion to vary, where I gave up custodial rights on education as well as any & all tax benefits in order to redirect payments to the child (everybody won, except my payments stayed the same)
Can I make a "Partial Offer to Settle", would lawyers be willing to batter? meaning that I agree to CS & S7, and they will drop the other claims and only deal with the RESP? Is there an issue with costs in doing so?
Thanks
Comment