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

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  #11  
Old 09-02-2021, 09:43 AM
gmcode gmcode is offline
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the case was initially filed at Ontario court, and had a case conference there and have a settlement conference date coming soon. the case was filed at Superior court again later for more claims, but no date on superior court case yet. In this case, superior court automatically takes over the case, that is what I heard.
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  #12  
Old 09-02-2021, 10:31 AM
Stillbreathing Stillbreathing is offline
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Rocksan is correct regarding the expiry date on your ex’s offer. If after careful consideration you are comfortable with her offer then you accept it. If not you make a your own offer, have a lawyer review it and send it to her. You might also consider mediation if both yourself and your ex are willing to negotiate and each make some compromises in order to settle your matter.
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  #13  
Old 09-02-2021, 11:52 AM
rockscan rockscan is offline
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What were the other claims?
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  #14  
Old 09-02-2021, 12:06 PM
gmcode gmcode is offline
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spousal support, property division.

If the case was filed at Ontario court, later on filed at Superior court again, the case at Ontario court will be on hold or cancelled? the superior court will automatically take over the entire case by default?
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  #15  
Old 09-02-2021, 04:29 PM
rockscan rockscan is offline
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How is there property and spousal? I thought this case involved child support where she took a lump sum and left? Did you just assume the property?
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  #16  
Old 09-03-2021, 08:31 AM
gmcode gmcode is offline
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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  
Old 09-03-2021, 12:23 PM
rockscan rockscan is offline
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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, doesnt 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. Dont stress and dont fall into her trap with the demands.
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  #18  
Old 09-03-2021, 12:46 PM
gmcode gmcode is offline
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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  
Old 09-03-2021, 02:01 PM
rockscan rockscan is offline
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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 isnt entitled to it.

Your lawyer isnt making it a priority since its not serious. Stop stressing. Her deadline is simply a gun to your head to make you do what she wants. You arent 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  
Old 09-03-2021, 04:11 PM
gmcode gmcode is offline
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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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