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Case Conference and Spousal Support

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  • Case Conference and Spousal Support

    A little background.

    Married 20 years and common law two years prior. Two children only one dependant in college.

    My ex and I have a signed separation agreement which we both had legal council for.

    Although it was difficult at times we managed to settle.

    Part of the settlement was his pension which was evaluated. One week after signing the pension evaluators sent letters to our lawyers which advised that the amount was incorrect and that new amount was significantly higher.

    Had I had the correct information this amount would have been the amount in our agreement so I contacted ex and made a reasonable offer less than 50 % he refused with threats of taking me to court and having the signed separation agreement completely changed.

    In our agreement he pays me spousal support of 1000./mth and regardless of my financial situation or his this amount does not change.

    I have no other income as I became completely disabled two years prior to separation. I have applied for disability, but still do not have an answer.

    Even though I have no income I do not wish to change the spousal.

    His new financial statement shows he has significant amount of assets compared to a few months ago when the agreement was signed. I don't even care about that although it looks suspicious considering he is retired and all of the sudden has all this money.

    I do get child support for my son and I pay half the expenses even though he has higher income. I am okay with that.

    He gets a refund from his benefits for son's education so basically he paid 0 for his college. He was to apply this refund and then pay 1/3 of the balance after refund, but he kept it.

    So because he still owed from the agreement I offered him to just pay what he already owes and I will forget about the pension difference.

    He said no take me to court thus the case conference.

    My lawyer filed for an amendment to the pension amount based on the error and he counter filed about that and also is begging the courts to have spousal support stopped.

    This is my only source of income and I was just wondering if anyone has had an original agreement completely changed once it was signed?

    Is a case conference with a judge who will decide things right there?

    Thank you kindly for any advice.
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