Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 05-21-2021, 11:35 AM
Vartan Vartan is offline
Junior Member
 
Join Date: May 2021
Posts: 3
Vartan is on a distinguished road
Default Change in parenting

My son who is 15 years old could not live with my ex wife and she asked me to take him. I agreed. However, in the original separation agreement, I gave her the majority of the assets (house and a promise not to take my half of her pension) as she said that she could not support our child if I did.
However the circumstances have changed. I am now looking after my son and he has nothing to do with my ex. Is there any way that I can reopen the separation agreement as the basis of the split in assets is no longer valid?
Reply With Quote
  #2  
Old 05-21-2021, 01:21 PM
arbortrail22 arbortrail22 is offline
Member
 
Join Date: Nov 2020
Posts: 51
arbortrail22 is on a distinguished road
Default

If the access has changed, you could look to vary child support... run the numbers with 0% access with mom and 100% with Dad as a starting point for negotiations with mom...
Reply With Quote
  #3  
Old 05-21-2021, 02:28 PM
Vartan Vartan is offline
Junior Member
 
Join Date: May 2021
Posts: 3
Vartan is on a distinguished road
Default

I’m looking for some form of equalization payment. Also, if he is not attending school, does she still have to pay child support?
Reply With Quote
  #4  
Old 05-21-2021, 03:33 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,115
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

No you cant go back and recalculate equalization. That ship sailed.

She is obligated to pay you monthly support until he is 18 so you would go for that.
Reply With Quote
  #5  
Old 05-21-2021, 05:14 PM
Vartan Vartan is offline
Junior Member
 
Join Date: May 2021
Posts: 3
Vartan is on a distinguished road
Default

Even if he is not currently enrolled in school. He was expelled. He is 15 years old
Reply With Quote
  #6  
Old 05-21-2021, 06:18 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,115
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Doesnt matter. Until hes 18 he gets support.
Reply With Quote
  #7  
Old 05-22-2021, 02:02 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 384
StillPaying can only hope to improve
Default

Quote:
Originally Posted by rockscan View Post
No you can�t go back and recalculate equalization. That ship sailed.
I think it would depend more on how the agreement was written.
The more detailed amounts for assets, debt, and support would make it easier to reclaim your unused prepaid support. Then ex can either prepay you or pay regular support moving forward.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Faulty to assume Shared Parenting: here's why SilverLining Divorce & Family Law 44 06-29-2014 01:41 PM
Mobility Rights v. Custody and Access ConcernenedStepMom78 Divorce & Family Law 31 05-30-2012 09:27 AM
One more case in favor of Parallel Parenting WorkingDAD Divorce & Family Law 7 10-21-2011 03:25 PM
Please Help with Parenting Agreement Ames Parenting Issues 9 09-27-2011 08:58 AM
Shared Parenting first timer Parenting Issues 0 03-20-2011 12:08 AM


All times are GMT -4. The time now is 02:44 PM.