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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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  #1  
Old 09-10-2013, 09:45 PM
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Janibel Janibel is offline
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I'm hoping for some advice.

In November 2012 we signed a separation agreement in court, both of us had legal representation.

The agreement stated who was responsible for taxes, insurance and utilities on the matrimonial home, who paid for CCard debts and the terms of spousal support. Everybody was ok with it, it was accepted and signed.

Over the last six months, Ex has been gradually defaulting on every single item of the agreement. Every single one. I have kept up my side of the deal with no nonsense at all. To make matters worse, I have zero contact with Ex as per a restraining order (another long story.)

I've contacted my lawyer several times to ask him about a motion of contempt. He did fax the Ex's lawyer stating "the present situation is unacceptable" two weeks ago and got no response. So I call him back and he then says that all these issues will be settled in court with the possibility of an uneven division of assets due to my Ex's bad faith. In other words he reassures me that this will work in my favor in the long run?

My fear is that if I don't get this sorted out, it will be viewed that I accept the situation as is - which I obviously don't. Also this is affecting my credit rating and wreaking havoc with my nerves.

So the ex is getting away with not respecting our agreement - can anything be done. There will be no mediation, our case will go to court and may take another year or two. I can't afford to wait that long.

Any advice please? It's hell - am I over-reacting or being a push-over?
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Old 09-11-2013, 06:39 AM
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sell the house and that is done and over with. No worrying over who pays utilities,taxes etc. You would each be then just responsible for your own place.

As for the rest of it, if SS is an issue then cant you register it with fro and let them take care of it?
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Old 09-11-2013, 09:41 AM
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Janibel Janibel is offline
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Originally Posted by standing on the sidelines View Post
sell the house and that is done and over with. No worrying over who pays utilities,taxes etc. You would each be then just responsible for your own place.

As for the rest of it, if SS is an issue then cant you register it with fro and let them take care of it?
The house is paid for, it's not a McMansion either, small home with very reasonable taxes and utilities. Selling is always an option, though that is not what we had originally agreed on.

SS is registered, ex has not been cooperating with the court order. Why go to all the trouble and expense of negociating an agreement and then not adhere to it? As I wrote above, we both were ok with it.
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Old 09-11-2013, 09:42 AM
OrleansLawyer OrleansLawyer is offline
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Quote:
WHEN CONTEMPT MOTION AVAILABLE

31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).
Contempt of court is not a remedy available to you.

However, you may wish to go to court - either through an Application or Motion to Change - to protect your financial interests.
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Old 09-11-2013, 09:51 AM
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Originally Posted by oink View Post
Perhaps the OP plan to continue living there, and the EX is not having any of it? The OP didn't say who has to pay the taxes, insurance et al

At times if you don't want your credit rating to go the dogs, you have to pay your bills and then just keep the receipts. Nobody should be made to pay somebody else' debt, whilst they continue to 'live it large'
We both agreed on the following: I pay insurance, utilities, snow removal, he pays taxes and temporary SS. He pays for his CC's and I pay for mine. There's no mortgage, the place is paid for. It's a very modest little house and costs way less than a rental in my area.

As per living large, are you kidding me? Nobody lives large during a separation. Why go to all the trouble and expense of reaching an agreement and then not respect that agreement. As I wrote above, we were both ok with it.
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Old 09-11-2013, 10:53 AM
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So what has the ex been defaulting on exactly? The taxes? Not paying spousal?
Are the CC's that he is supposed to be paying "joint"? ie. is your name on them?

The only issues I see are the taxes and the spousal thing...try to learn to live WITHOUT the spousal, that way it's a bonus. Do you work? Full time?

Can you get a LOC as a temporary stop gap?
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Old 09-11-2013, 11:15 AM
Pursuinghappiness Pursuinghappiness is offline
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We both agreed on the following: I pay insurance, utilities, snow removal, he pays taxes and temporary SS. He pays for his CC's and I pay for mine. There's no mortgage, the place is paid for. It's a very modest little house and costs way less than a rental in my area.
The problem with most separation agreements is that non-compliance is often hard to enforce...particularly on non-major items.

What were you planning to do with the house longterm?

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Can you get a LOC as a temporary stop gap?
Good advice if you can do it. When you pay the bills he's responsible for from the LOC, you keep the records and can add these costs to your next court action.
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