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  • After the divorce

    I am intitaled to 30% of the estate when Ex passes on?????

  • #2
    Hi,

    Not sure what you mean in your thread without more specifics.

    If your officially divorced; your ex spouse does not have to really leave you anything of his personal property in his last will and testament.

    Spousal Support and child support orders can bind the estate unless there has been an absolute discharge provision made in a separation agreement/minutes of settlement or court order and or this agreement, settlement, or order survives divorce, etc

    A lot of people will ask that a payor ex spouse maintain a irrevocable life insurance policy as ones liabilities may be greater than ones estate after all liens, liabilities, funeral expenses etc has been paid.

    Comment


    • #3
      how can you 'force' an ex to maintain his/her court life insurance , which is endorsed in the child custody papers. It's been several years and I recently found out that he doesn't pay / or have a life insurance policy.

      Could I get a garnishment from his wages,done by the fro office in t.o., as is done for his child support payments?

      I have to get this taken care of but I DREAD to even look at another court paper , let alone having to file etc.----I'm just sick to pieces with court in general!!!!!!

      Thanks ahead of time.

      Comment


      • #4
        god knows the truth,

        If your final court order specifically states that your ex is to maintain a life insurance policy with a irrevocable beneficiary and all of a sudden this policy has been collapsed and no substitution in place you would need proof that there is no policy or that there is not an alternate policy in its place.

        I would write your ex a formal letter sent registered mail along with a copy of the court order and refer to the court order that you would like a copy of the life insurance policy for proof of its existence.

        Once a formal reply is received from your Ex, you could confirm with the life insurance company if the policy is in force etc.

        If you receive no reply from your ex, you have no other option than to pursue the matters through the courts.

        If your ex ignores your formal request, you could bring forth a contempt motion. They may schedule a case conference before the motion is held.

        During this case conference, I suspect the Judge will ask him outright whether or not if there is a life insurance policy in force.

        Either way you would have proof that you made the formal request. If there is a policy in force the courts would wonder why your Ex failed to co-operate and provide proof of same.

        If there is not any life insurance policy in force, and the courts find him in contempt, he could face jail time or fine and most likely your costs to bring forth the motion.

        Contempt of court orders is quasi criminal. It has to be proven beyond a reasonable doubt that he is in contempt and that he willfully choose to not abide by the court order.

        Generally a court has very little sympathy if a person is found to be in willful contempt of its orders.

        Comment


        • #5
          Logicalvelocity
          Thank you for your in-depth response; it was hugely helpful.
          I'm 99.9% sure he doesn't have a policy in place. My ex will shrug off the entire case conference and all it entails. When he sees our son he'll say nasty things about me and raise his voice (he has no couth).
          I can't get 'wrapped' into another lawyer's bill so I'd rather do it myself;I think it will be fairly cut and dry--either he has the policy or not. Wouldn't the burden of proof be on him to prove that he HAS a policy , as opposed to me proving that he doesn't.
          I agree with the registered mail suggestion. His response, or lack of, will lead me to my next step, correct?
          Do you know which form I file to get this process started?
          After mailing the registered letter to him how long will I wait for a response?After getting a/no response, do I then write an affidavit stating the circumstances or will the crown interject and file a contempt issue against him?
          If I'm the one that proceeds, which form do I file if any, with my affidavit?
          Then, which section of the court do I file it with.
          Am I charging him with contempt of a court order or is that the job of the crown.
          This is a very important issue for me because the way my ex is going with his bad habits he may not be around forever. I honestly hope he is, he's not a bad person, just his priorities are mixed up.
          I hope I don't sound redundant but I just want to be sure I take care of this properly i.e. not spend the next 10 -12 months in the court system(and that's being kind. ha)
          YOu give such great advice, and when you're not sure on something, you always seem to at least suggest something; your effort is really appreciated
          God knows the truth

          Comment

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