Hi,
I have two questions and would appreciate any advice:
1. My husband has suggested that we add a clause in our separation agreement something like this.
"Should the parent be unavailable to take the children on their scheduled day, then that parent would pay to the other parent X $$ for each day that the parent is unavailable to take the children."
I personally see no reason for a clause like this. Does anyone know if this kind of clause would be enforceable by the FRO? How would one prove that the other spouse didn't take the kids on their scheduled day.
2. I am not taking an equalization of my husband's pension and had expected that in return I would receive a waiver of spousal support. However, my husband has said that even if I don't take the equalization, he won't waive this right. He has not been a stay at home dad and my sister in law recently told me that my soon to be ex has stated that if I 'piss him off' he will seek spousal support from me. To make matters complicated, my husband is currently employed but being medically released from the military although going on some sort of re-training program for two years after which time his income will drop to his pension benefits only (indexed for inflation though).
I was advised that at the very least I should add a statement to the agreement that the reason I am not taking an equalization is in recognition of the fact that I would not have to pay any future spousal support. However, my husband says that if I am adding a clause he will have to add his own clause (about what, I don't know).
I have done some reading about spousal support but find it confusing. Am I correct in my interpretation that not only would he have to prove that he has a need for support, but also that I have the ability to pay? Also, how long after the breakdown of a marriage do the courts generally consider that there is still an obligation to pay.
Thanks.
I have two questions and would appreciate any advice:
1. My husband has suggested that we add a clause in our separation agreement something like this.
"Should the parent be unavailable to take the children on their scheduled day, then that parent would pay to the other parent X $$ for each day that the parent is unavailable to take the children."
I personally see no reason for a clause like this. Does anyone know if this kind of clause would be enforceable by the FRO? How would one prove that the other spouse didn't take the kids on their scheduled day.
2. I am not taking an equalization of my husband's pension and had expected that in return I would receive a waiver of spousal support. However, my husband has said that even if I don't take the equalization, he won't waive this right. He has not been a stay at home dad and my sister in law recently told me that my soon to be ex has stated that if I 'piss him off' he will seek spousal support from me. To make matters complicated, my husband is currently employed but being medically released from the military although going on some sort of re-training program for two years after which time his income will drop to his pension benefits only (indexed for inflation though).
I was advised that at the very least I should add a statement to the agreement that the reason I am not taking an equalization is in recognition of the fact that I would not have to pay any future spousal support. However, my husband says that if I am adding a clause he will have to add his own clause (about what, I don't know).
I have done some reading about spousal support but find it confusing. Am I correct in my interpretation that not only would he have to prove that he has a need for support, but also that I have the ability to pay? Also, how long after the breakdown of a marriage do the courts generally consider that there is still an obligation to pay.
Thanks.
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