Announcement

Collapse
No announcement yet.

Want a good lawyer to review or revise a settlement

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    You can pay a lump sum and she can come back for more. Updating income every year allows the cs to be in line with your income. What if you pay her a lump sum and your income goes down? Then you’ve paid her more cs than you owe.

    Do not pay a lump sum. It is pointless and does not protect you. She can come back in the future asking for more and then you have to pay again for a lawyer.

    Get an agreement put together outlining cs is based on your current income, that you will update income annually with cs to change and your share of any future section 7 expenses are proportionate to income.

    She has already proven that a lump sum payment doesnt work. Why would you agree to it again?

    Comment


    • #17
      Originally posted by gmcode View Post
      I don't want early retirement, I was ever on long term disability before due to the same health issue, insurance company approved and supported me, but there was no CS case at that time. Now CS and court is involved, don't know what could be the result at court.

      A court would order a monthly amount based on your income with annual updates. They will not order a lump sum for future costs.

      Comment


      • #18
        Originally posted by gmcode View Post
        I don't want early retirement, I was ever on long term disability before due to the same health issue, insurance company approved and supported me, but there was no CS case at that time. Now CS and court is involved, don't know what could be the result at court.

        Even on disability you’d still owe CS… you seem to be worrying a lot about the what if’s and that’s not how this works. Pay monthly and when your income changes file for changes then. Or I mean pay a lump sum and have her come back in a year and say she needs monthly payments


        Sent from my iPhone using Tapatalk

        Comment


        • #19
          I think she will be OK for a while after receiving the lump sum. I am wondering if I lost job in the future due to health issues, she come back again, what might happen in the court?

          Comment


          • #20
            Originally posted by gmcode View Post
            I think she will be OK for a while after receiving the lump sum. I am wondering if I lost job in the future due to health issues, she come back again, what might happen in the court?

            You could have an income imputed to you which means if you are making less, she could claim you are capable of making more and you would have the cs amount at the higher number.

            Even if she is ok with a lump sum now, do you really want to run the risk of having her come back again? Or have to pay legal fees when you were advised now not to do it?


            Sent from my iPhone using Tapatalk

            Comment


            • #21
              RRSP withdrawals are income for support purposes.

              Comment


              • #22
                Originally posted by rockscan View Post
                You could have an income imputed to you which means if you are making less, she could claim you are capable of making more and you would have the cs amount at the higher number.

                Even if she is ok with a lump sum now, do you really want to run the risk of having her come back again? Or have to pay legal fees when you were advised now not to do it?
                What if clearly stated in the agreement that she is aware of my past and current health issues, in exchange for a lump sum payment, she won't seek further CS and/or extraordinary expense if I lost income in the future? Make it harder for her to win in the court if she did again later on.

                Comment


                • #23
                  What if clearly stated in the agreement that she is aware of my past and current health issues, she won't seek further CS and/or extraordinary expense if I lost income in the future? Make it harder to go back to court again.
                  It won't stop court from hearing the matter. Child support is the right of the child and cannot be contracted out of. Regardless of circumstance.

                  Comment


                  • #24
                    Originally posted by gmcode View Post
                    What if clearly stated in the agreement that she is aware of my past and current health issues, in exchange for a lump sum payment, she won't seek further CS and/or extraordinary expense if I lost income in the future? Make it harder for her to win in the court if she did again later on.

                    How many people have to tell you this won’t work for you to understand? If your child is a teenager (even 13) you have what max 7-8 years left to account for post secondary? Most likely even less. You seem so sure that you’re going to lose your job due to sickness. Any one of us could lose our jobs at any time due to illness, it’s not a valid reason to contract out of CS. Just know that the courts don’t care about you having a hard time. You must continue to contribute to raising your children.

                    Again I ask, if you can afford a lump sum, why not put in an account and pay monthly? You state you don’t expect your income to increase so you’d actually be ahead of the game doing it that way.


                    Sent from my iPhone using Tapatalk

                    Comment


                    • #25
                      sorry this is a repeat by accident, please see the post below.

                      Comment


                      • #26
                        really appreciate all you guys' comments and suggestions. The lump sum is not affordable for me, but I can borrow money from banks, and I am OK to pay more than I am supposed to pay. The reasons I am considering a lump sum are.

                        1. An early settlement could save Legal costs, which can be put in CS.

                        2. There is possibility of retroactive CS - ex agrees to solve it in a lump sum settlement.

                        3. I am already on medications and suffering the day to day life due to illness. I can't bring this up to court as I am still working at the moment. If I have a motion later on, what will the court do given a CS case out there? There is uncertainty and need to provide a lot of medical records. So if ex agrees not to seek more CS or impute income if lost job later on as a lump sum had been prepaid, I might not need to deal with the court when I can't work any more.

                        4. This is uncertain - will the court impute income if someone hasn't been working for a while due to health issues? If the answer was no, if the court won't order to use personal property/asset for CS either, it would be fine even if she comes back again in the future.

                        5. ex agrees not to claim s7 expense if I paid a lump sum, I agree to continue cover some of it when I am working. I understand she might come back for any reason, but this could be in the similar situation as #4.


                        I can't stop her coming back in the future, but want to make sure I won't be ordered to continue paying in this case.

                        Thanks again all!

                        Comment


                        • #27
                          Originally posted by gmcode View Post
                          really appreciate all you guys' comments and suggestions. The lump sum is not affordable for me, but I can borrow money from banks, and I am OK to pay more than I am supposed to pay. The reasons I am considering a lump sum are.
                          Borrowing to pay something that isn’t legal is the dumbest thing you can do both legally and financially.

                          1. An early settlement could save Legal costs, which can be put in CS.
                          She can still come back in the future for more and truly you could self rep to save money. You are basically spending money you don’t have only to make yourself vulnerable in the future.

                          2. There is possibility of retroactive CS - ex agrees to solve it in a lump sum settlement.
                          You would pay a lump sum for retroactive cs anyway. Like I said, you would be vulnerable to this in the future.

                          3. I am already on medications and suffering the day to day life due to illness. I can't bring this up to court as I am still working at the moment. If I have a motion later on, what will the court do given a CS case out there? There is uncertainty and need to provide a lot of medical records. So if ex agrees not to seek more CS or impute income if lost job later on as a lump sum had been prepaid, I might not need to deal with the court when I can't work any more.
                          Again, she can tell you whatever you want to hear now. Five years from now she can come back after you again. A LUMP SUM WILL NOT PROTECT YOU. Legally you pay monthly cs based on your income and it is updated based on your income annually. If you KNOW you are going to have to stop working, paying a lump sum—especially with borrowed funds—makes it worse. If your cs was to go down you could manage it. Your loan payments stay the same AND you could be taken back to court. Why borrow money to pay what you won’t owe??

                          4. This is uncertain - will the court impute income if someone hasn't been working for a while due to health issues? If the answer was no, if the court won't order to use personal property for CS either, it would be fine even if she comes back again in the future.
                          It may not impute it but you would still have to go through the legal battle and pay the fees to do so. Whereas if you pay based on income you avoid a new court battle in the future.

                          5. ex agrees not to claim s7 expense if I paid a lump sum, I agree to continue cover some of it when I am working. I understand she might come back for any reason, but this could be in the similar situation as #4.
                          I see red flags as to why your ex prefers a lump sum. Plus she will say anything to get her hands on the money. SHE CAN STILL COME AFTER YOU. Not to mention you will get blasted for trying to negotiate away child support. So the bigger question is, why fight to pay a lump sum now which you have to borrow, then pay future costs to fight again?


                          I can't stop her coming back in the future, but want to make sure I won't be ordered to continue paying in this case.
                          What are you talking about? You will be ordered to continue paying in this case. You owe monthly child support. She can’t force you to pay more than you owe and judge would never order a lump sum future payment amount. So why wouldn’t you provide you current income with information on potential disability and pay a monthly amount which will go down as you go forward?

                          You are basically looking at paying more than you owe in the hopes your ex won’t come back in the future but are looking at paying more now and being left vulnerable to pay more in the future.

                          Your ex is not to be trusted yet you believe what she says!!

                          Comment


                          • #28
                            Originally posted by rockscan View Post
                            It may not impute it but you would still have to go through the legal battle and pay the fees to do so. Whereas if you pay based on income you avoid a new court battle in the future.
                            Your ex is not to be trusted yet you believe what she says!!
                            If I won't be imputed, I am old with health issues, living on an income around the CS threshold, have a little bit RRSP and a house, and I have paid a lump sum for CS, will she win the case ? will the court order something else for continuing CS? I am expecting she won't go to the court again if she knew my financial situation.

                            Comment


                            • #29
                              Closing this thread - the question has been answered repeatedly already.
                              Ottawa Divorce

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X