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Cancel Child support case on with-prejudice basis

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  • #16
    In the separation agreement more than 10 years ago, she waived spousal support and property equalization in order to get a lump sum payment as child support, now she is saying it is not fair, she didn’t understand English, didn’t consult an independent a lawyer before signing it, the agreement should be set aside, she adds spousal and property in the claim with child support together.

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    • #17
      You may want to go back and look at what you had when you were together. Were you actually married? How long? Did you sponsor her or was she already living in Canada? How long after you split before she ended up with her new partner etc. These are all important questions to consider. Just because she asks for it, doesn’t mean she is entitled and she could be throwing everything into the case to see what sticks and to force you to do what she wants. You have to take a deep breath and remember that.

      Again, her deadline is not the court deadline. Go to the court appearance and see what the judge says. It may be a case of why now and the judge will hammer her for taking off and then deciding ten years later she is suddenly entitled. Don’t stress and don’t fall into her trap with the demands.

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      • #18
        she remarried shortly after divorce. she come to Canada with me and I am the primary applicant in the immigration application.

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        • #19
          Yes depending on the length of your marriage and the value of your assets over the course of the marriage, her entitlement will be low. She probably has decided you have more money now so she will go after everything. She isn’t entitled to it.

          Your lawyer isn’t making it a priority since it’s not serious. Stop stressing. Her deadline is simply a gun to your head to make you do what she wants. You aren’t her dancing monkey. Put the monthly cs amounts into a savings account now until you are before a judge then make her an offer.

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          • #20
            yes I am working on monthly CS now, luckily I found this website and received all you guys comments. Waiver for spousal support was included in Divorce order(issued by Superior Court) and separation agreement more than 10 years ago. If the case was heard at Ontario court, can Ontario court set aside the Divorce order or separation agreement and award the spousal support? CS is based on payer's income, is payer's living expense(such as debt) also considered especially for retroactive support, will it be taken into undo hardship? thanks.

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            • #21
              She will have a hard time reopening a file that was signed off on in court. Even claiming she didnt know english. Judges don’t normally sign off on agreements when the person hasn’t had legal advice but I could be wrong.

              Your ex made a boneheaded decision ten years ago and thinks she can cry foul. It won’t go far is my opinion.

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              • #22
                she claims she didn't receive independent legal advice either. could this be a strong excuse to set aside a previous order or agreement?

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                • #23
                  Did she sign it saying she had ILA? Most agreements say both parties had it. Again, it would be up to the judge and how they look at the timeline. Coming back ten years later after marrying and not communicating makes her look bad.

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                  • #24
                    there is a clause in the separation agreement sayiing:

                    20. Independent Legal Advice and Financial Disclosure

                    The husband and Wife each represented and acknowledge that he or she:
                    a. Has had Independent legal advice or has waived their right to obtain such Independent legal advice or wishes to enter into this agreement without the benefit of the Independent legal advice;

                    b. Has read the agreement in its entirety and has full knowledge of the contents;
                    c. xxxxxx

                    The agreement was signed at a lawyer's office with witness/interceptor. the lawyer took care of the rest of process at the court, and we eventually received divorce order from SCJ in mail several months later. A summary of the important facts was attached to the order, but the original 10 page signed separation agreement was not included. She is claiming the separation agreement was not incorporated, not binding, should be NULL.

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