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  • 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 Is there any way that I can reopen the separation agreement as the basis of the split in assets is no longer valid?

  • #2
    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...

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    • #3
      I’m looking for some form of equalization payment. Also, if he is not attending school, does she still have to pay child support?

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      • #4
        No you can’t 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.

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        • #5
          Even if he is not currently enrolled in school. He was expelled. He is 15 years old

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          • #6
            Doesn’t matter. Until he’s 18 he gets support.

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            • #7
              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.

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