Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 06-11-2020, 10:57 AM
Helpmyspouse Helpmyspouse is offline
Senior Member
 
Join Date: Feb 2018
Posts: 216
Helpmyspouse is on a distinguished road
Question Minutes of settlement

It appears we may actually be close to signing minutes of settlement and avoiding trial. After we have both signed what is the process? And how long before monies are paid out? Other side would be signing first and then returning the signed agreement to my lawyer. What happens if he changes his mind after signing?
Reply With Quote
  #2  
Old 06-11-2020, 12:32 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,729
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

After you sign it goes for endorsement by the judge. You can also work how it is paid within those minutes of settlement. For instance in my husbands it was agreed he would pay the arrears and agreed upon school costs within 90 days from the date of settlement and ongoing cs monthly from September. He paid the sum quickly and is now waiting on FRO to get their act together to pay the rest.

If you need it to be paid out in installments ask for that to be put in the mos.
Reply With Quote
  #3  
Old 06-11-2020, 10:04 PM
Helpmyspouse Helpmyspouse is offline
Senior Member
 
Join Date: Feb 2018
Posts: 216
Helpmyspouse is on a distinguished road
Default

My lawyer wanted to add a line that read upon my ex's death any money he still has will go to our children or something like that. I didn't want to rock the boat and told him to leave it out. Doesn't any money left by a parent go to children anyway? Now I'm regretting I didn't at least try to put it in and see what he would do but the situation is volatile and I didn't want to scare him off. He thinks I'm plotting to kill him anyway. It's one of his paranoias.
Reply With Quote
  #4  
Old 06-12-2020, 09:28 PM
Selfrepmom Selfrepmom is offline
Senior Member
 
Join Date: Sep 2018
Posts: 263
Selfrepmom is on a distinguished road
Default

Under Ontarios Succession Law Reform Act if your ex dies without a will and has remarried then the majority of his estate will go to his new wife believe it or not. New wife gets the first $200,000 and then if there is anything left over it gets split evenly between her and any children he has.
If he is single or only living common law then it goes to the children first, but a common law spouse can still sue the estate for support.

Either way though Im not sure if a clause under your minutes of settlement would override the Act or any will that he may have anyways.
Reply With Quote
  #5  
Old 01-07-2022, 11:27 AM
slowlearner slowlearner is offline
Junior Member
 
Join Date: Jan 2022
Posts: 2
slowlearner is on a distinguished road
Default

Quick Question,

I have a case before the courts and we went to med/arb and came up with an amendment to the separation agreement that resolved all issues in the case.

I have been asked to submit a minutes of settlement, yet we have the amended document with ILC for both parties attached.....

I would think the amended separation agreement, complete with ILC would be the minutes of settlement.. so not sure why this is redundant? But the judge, at our last case conference, wanted me to do a MOS and a 14B.....

Can my minutes of settlement, just refer to the already signed document that has ILC for both parties? Have both parties sign that?

I am self repped, so a little confused by this.

Thanks.
Reply With Quote
  #6  
Old 01-07-2022, 12:55 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,729
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

I think its a form issue. You can have an updated agreement but it needs to be on a minutes of settlement form.
Reply With Quote
  #7  
Old 01-07-2022, 02:24 PM
slowlearner slowlearner is offline
Junior Member
 
Join Date: Jan 2022
Posts: 2
slowlearner is on a distinguished road
Default

Ugh, does that mean I need to transfer it all to the new form? Is that the order form? Or can I just refer to the Amended Separation Agreement form dated bla blabla... attached with ILC.?

I really dont want to have to type it all out again as its currently in PDF format and each page initialed already
Reply With Quote
  #8  
Old 01-09-2022, 05:51 PM
pinkHouses pinkHouses is offline
Banned
 
Join Date: Sep 2018
Posts: 579
pinkHouses has a little shameless behaviour in the past
Default

Your ask is that your ex has to leave an amount that will provide as sum of money sufficient to support their child support obligations as if they were alive.
Reply With Quote
  #9  
Old 01-10-2022, 03:43 PM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,731
Janus will become famous soon enoughJanus will become famous soon enough
Default

Quote:
Originally Posted by pinkHouses View Post
Your ask is that your ex has to leave an amount that will provide as sum of money sufficient to support their child support obligations as if they were alive.
Does that need to be explicitly mentioned in an agreement?

I thought that child support was treated as a claim on the estate. I could definitely be wrong about that one.
Reply With Quote
  #10  
Old 01-10-2022, 05:30 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,729
rockscan will become famous soon enoughrockscan will become famous soon enough
Default Minutes of settlement

Quote:
Originally Posted by Janus View Post
Does that need to be explicitly mentioned in an agreement?

I thought that child support was treated as a claim on the estate. I could definitely be wrong about that one.

Its the life insurance clause that is found in all agreements but Im not sure why ph said that since life insurance and support was not mentioned by the original poster.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
"Partial-Final" Minutes of Settlement? SGDad Divorce & Family Law 0 01-27-2020 04:54 PM
Minutes of Settlement - Finalized? LoveTheKids Divorce & Family Law 8 12-11-2019 01:13 PM
Minutes of Settlement through Separation Agreement Looking4Answers Divorce & Family Law 1 03-10-2011 02:58 PM
Proceedure on Minutes of Settlement Free-spirit Divorce & Family Law 1 02-17-2010 08:33 PM
FRO and Minutes of Settlement DadofTwoGirls Divorce & Family Law 3 05-21-2008 10:56 AM


All times are GMT -4. The time now is 03:44 PM.