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my ex common law partner and I met in basic training. we lived togeher for 3.5 years and decided to have a child and that point claimed common law with federal governement. In 2007 we decided to separate and I had to get a lawyer because he refused to pay support. we were both the same rank and the same time in. He had the option to a lawyer but didn't because the only issue was child support. I got promoted in July 08 to Sgt and we decided to get back together in April 09 and he stayed a Mcpl. In Jan 11 we split again. During our division of property we both had to get pension assessment done and he notice that my pension is $30,000.00 more than his. Which I find it hard to believe my pension in only 2.5 years as a sgt is worth that much more than a MCpl but anyway. Now he is asking his lawyer to reopen the case in 2007 and he wants equal amount in both of our pension. Can he reopen the case and do that?
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If you weren't married there is no division of property.Can he reopen the case and do that? -
explain it this way
if you leave each others pensions you can both have your own at the end of your contract, if you take each others then that portion goes into a secured rrsp that you cannot touch until you are 65, there are no lump sum payouts anymore, idk about him but i want my pension when im 47 not 65, tell it to him straight, that way, im sure he will leave it beComment
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can I dispute
Will it's been awhile since I wrote for advice. Here is the situtation. My ex commom law partner and I are both military, we actually meet in Basic and one child. In the process of division of property I got posted. Keeping in mind he had only voluteered see our son 2 half days for approx 1 1/2 yrs. When he knew I was posted out of the province these are the things we demand and I agreed to because if I didn't he was not letting me take our son to a new province:
Child support based on $65,000.00 Which his T4 listed $77,000.00.
I had to pay to trips back for my son to see his father twice a year and he would pay one.
And the have equal amounts in our pensions. The problem with that is, in the 13 years we were together we broke up for two years and at that time I got promoted and he still wanted the pension divided for that time period also, even tho I proved we were not together for the two years I have to give him 1/2 my penison. I agreed because I wouldn't leave my son. In fact I left for my name place of post on the 10 July, 13 and he refused to sign unitl 7pm on the 9 July, 13.
Now that I am at my new post and settled in and have got rid my lawyer can I dispute paying him 1/2 my pension for the years we were together?
Thanks.Comment
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Didn't you agree to the pension split in writing?
You can dispute anything you want, but I would hope you would not win in that case.
Leave it be and keep money for your child instead of the lawyers.Comment
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Will if you mean "in writing" by lawyer to lawyer yes I agreed to it. It just pisses my off the I deployed and finish my education to get promoted and he gains for it!!!
Ya your advice is taken I have my boy and at he end of the day that is what bring me my happiness!!!
Thanks.Comment
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In writing means in an agreement that you signed, generally.if you mean "in writing" by lawyer to lawyer yes I agreed to it.
What province are you in?It just pisses my off the I deployed and finish my education to get promoted and he gains for it!
As noted above, in some provinces there is no equalization of property following a cohabitation - in other words, he does not get anything from your pension.Comment
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Saskatchewan.Comment
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Aye Aye.....you don't have to be Military for this to happen, there are similar cases on civvie street.It just pisses my off the I deployed and finish my education to get promoted and he gains for it!!!
Am sure you know a number of people that have been on numerous tours, and have found themselves in similar situations? It is what it is, and service couples have a number of other issues to deal with.
You are wiser now (am guessing), and have your life ahead of you. Don't rush into anything i.e. rebounds, and make sure you have a cohabitation / separation agreement in the future.
Soldier on....Comment
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Yes you can say that again, I am much wiser now. After everything was said and done and he was ordered to pay back support for a couple of years the difference was about $3000.00. It just burns a bit for a short while!!!Comment
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Ack. But remember, don't $h1t where you work, there is a big wide world out there, than limiting yourself to your place of work or the small town you live inComment
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I don't know what is meant by don't $h1T where you work. But he is the problem with the pension when I called as to where the hold up is in the transfer.
My spouse and I were together from 1997 to 2007. I retained a lawyer and went to court for support and he didn't show in 2007 so everything was signed out and case was CLOSED!!!
From Feb 2007 to april 2009 we were not together so pensions said he is not entitled to a division for that time.
From April 2009 to Jan 2011 we were together however it was less that two years so he is still now entitled to a division in pension.
When pensions asked for all the court orders and stat dec I sent everything. I told my ex this a long time ago but his lawyer still insisted on a divisions in pensions!!!
Now what?Comment
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I would suggest a lawyer. Many offer an initial consultation at a reduced rate.Originally posted by pierce.d View Post
Your ex's lawyer can ask for anything, that doesn't mean he is entitled. Its a tricky enough situation to require an expert, go find one.Comment
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Ya that is what I should to however I just paid $7000.00 to a lawyer and I fought for two years and the only thing for him left to fight for was my pension even tho pensions told him her wasn't entitled to it. At the end(7 hours before I left for my new post) I agreed. My choices were to agree or I couldn't take our son out of province. I signed. Now it is time for the transfer, which I called to get done. and again was told he is not entitled to it. I don't understand why he is so fixed on the pension, I told him I would pay him out and his lawyer and him said no!!!Comment
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I'm curious, how did this come about, if his T4 lists a much higher income? Was that a one-time higher wage, not to repeat again? I know you mentioned travel costs, for the child to travel, which may have factored into this, but you mentioned that you pay for two of the 3 trips?Originally posted by pierce.d View Post
Sorry, not related to the pension question, but wondered about this, and it sounds like it was a recent agreement/decision.Comment
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