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Beyond demands made in Application?

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  • Beyond demands made in Application?

    Be carefull what you ask for, really?

    My ex filed an Application (General - Form 8)six years ago. One of her demands, in the Application, was for Spousal support (surprise!). She asked for 5 years at $300/month. I agreed to pay the interim spousal support a few months later in Minutes of Settlement turned into a Final court order.

    I paid the interim support every month and have now satisfied my obligation, she has received the total amount of $18,000. I am 'invited' to a Settlement Conference later this month, she wants more Spousal Support (surprise!).

    My question is: Can someone ask the Court for more than what was originally requested in the Application creating the file, after it has been agreed to (she had the benefit of counsel from day one till now) by the parties and paid in full?

    Should she not just create another file and ask for new Spousal Support (it is my understanding that an ex-spouse can always do this, even if there had been an agreement, but that her situation must be unexpectedly defavorable).

    Thanks for any input.

  • #2
    Needs v. Means and established. Although your existing obligation was on consent the dispute may invoke fresh inquiry concerning needs v. means and without backdrop it's to speculate what your asking.

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