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  • Uni kids ex claiming no income

    I have been divorced for 15 years, 2 kids in university, 1 abroad. Agreement is 75/25 split on all post secondary education and $1200 month CS. Recently I agreed to no child support for 1 child who is abroad as costs for education are higher and l now split all his living expenses 50/50. 2nd child now in Uni, ex paying 75 tuition, 50% residence. Nothing towards setup costs. Ex now claims he can't afford any child support. Self employed. Over last few years claiming business terrible (which I can see) and has no income. He does however have 2 large houses, luxury vehicles, boat, toys, vacations and RRSP contributions. Total net worth (have no idea but has made millions)
    I advised my ex that the $600 a month child support was non-negotiable as I have to maintain a home for the two kids and send extra money to them for personal needs. He says he's not paying for my house as he has two houses to support and is broke, take him to court... My defense is why should I go into debt to ease his financial obligations. (never asked for a CS increase in 15 years, nor offered one) I should mention we have always split the childrens extra cirricular activities and the kids have had/have a privledged lifestyle.

    As he is self employed and can probably show a dramatic decrease in income what are my chances of getting child support, what will be my approx. legal costs to challenge and am I opening myself up for him to challenge post secondary obligations? Feel I have already made numerous concessions to our agreement to the tune of roughly 10k a year

    Thank you for your advise in advance.
    Desperately seeking an amicable solution.

  • #2
    Well if you've never retained a lawyer nor had any experience with the courts
    you're in for a rude awakening. To go to court you'll need a lawyer and none will take your case without a retainer that can range from $5,000 to $7,500. And that's just the start as legal costs can easily cost you more than double or triple that amount depending on how long the case goes on without settlement. If you win your case then you can ask for court costs, etc but most judges will not award you the full amount (1/2 if you're lucky).

    And if for whatever reason you lose the fight then you can add 1/2 of his legal costs to your bill.

    My advice to you is to see a lawyer and get a free 1/2 hr. consultation and ask:

    1) What will it cost you,
    2) What are your chances of winning.

    That should help you make an informed decision BEFORE you get into the boxing ring.

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    • #3
      Never wanted to enter the "ring" or have the kids subjected to a nasty divorce, that's why I agreed to a fraction of my entitled CS. Kids are 18 and up and for the most part our divorce has been amicable (he dictates terms, l agree) Years of him pleading poverty while purchasing more real estate and travelling the world with the newest girlfriend. Guess just tired of making concessions to our divorce agreement and falling further into debt to offset his "finanical woes" Now he's telling the kids that because l'm "greedy" he may have to sell "their" mountainside chalet... As mentioned l do okay financially but l'm just making ends meet...Retirement income...not happening. Over the next 4 years were talking roughly 30k CS, legal bills 10k+, lack of sleep and stress, God only knows. Emotions are always involved in these type of decisions. As an outsider who knows the system, is it worth it?

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