Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 09-24-2020, 12:27 PM
Comfortably Numb Comfortably Numb is offline
Junior Member
 
Join Date: Sep 2020
Posts: 7
Comfortably Numb is on a distinguished road
Default And I thought it's over!

I would very much appreciate any advice from members of this forum regarding my current situation. Here's a background information.


*My ex and I have been divorced for three years.

*We have a signed separation agreement that has been negotiated and signed by our two different lawyers.

*We have 50/50 child custody. I pay offset child support.

*I pay limited term (3 years) spousal support.

*As per our separation agreement, the majority of spousal support was settled by asset transfer from me to my ex. My ex has the house (mortgage free, worth about $750k). Every thing else was done following Family law requirements for equalization.

*There are clauses in the separation agreement that impose imputed income on my ex, but only after 18 months from the signing date of separation agreement, in case my ex still unemployed.

* My ex was employed upto one year after our separation date. My ex is highly educated (with a Ph.D) but claims not being able to secure any employment despite many attempts. My ex decided to give up looking for employment, but currently not asking to extend support or change terms of agreement.


Here is my worry that is keeping me stressed even three years after divorce, my ex may in the future go to court to ask to change the terms of current separation agreement to ask for more spousal support, especially after both our kids become independent and I don't have to pay offset child support, and after the 3-year term spousal ends. Can she really do that? Yes, I realize she can but what is my ex's chances of succeding in changing the spousal support terms in the separation agreement, when the separation agreement was drafted following the Divorce Act and Family Law Act requirements and recommendations? The separation agreement was negotiated fairly and we both hired lawyers to negotiate terms of agreement, including a thorough spousal support terms . My ex had an excellent lawyer, better than mine.

I hate to see my future plans get all messed up. I don't want to relive the experience again after many years after divorce. By the way my pension was also divided as part of equilibration process. Thank you.
Reply With Quote
  #2  
Old 09-24-2020, 03:39 PM
Stillbreathing Stillbreathing is offline
Senior Member
 
Join Date: Dec 2014
Posts: 561
Stillbreathing will become famous soon enough
Default

Unfortunately she can keep taking you back to court indefinitely. Whether she is successful or not is another matter. One poster on here, Arabian, has had her ex file something with the court every year. Search her posts for helpful tips.
Reply With Quote
  #3  
Old 09-24-2020, 04:23 PM
Comfortably Numb Comfortably Numb is offline
Junior Member
 
Join Date: Sep 2020
Posts: 7
Comfortably Numb is on a distinguished road
Default

Quote:
Originally Posted by Stillbreathing View Post
Unfortunately she can keep taking you back to court indefinitely. Whether she is successful or not is another matter. One poster on here, Arabian, has had her ex file something with the court every year. Search her posts for helpful tips.
That's why part of my plan that once my kids go to university (I already saved enough for their university), I am packing up and permanently leaving this country to never return. The Family Law here sucks. I am fortunate enough that I do have good options where I can leave this country permanently and continue a wonderful life somewhere else. I honestly don't care about the consequences after I leave, and I am not planning to comply with any Family Law garbage after that. Where I will be going there is no bilateral agreement with Canada concerning Family Law issues. I did my best to be fair, following the Divorce Act and Family Law Act to the letter, compromised on everything my ex wanted, and she's appreciative of that, but if after all that I still can be tormented the rest of my life, because of a shitty Family Law, I will not take that. After I leave they can take my passport, driver's license and anything else they want; I don't care. I have even discussed this with my lawyer recently, and his feedback that I will simply be unreachable and not much can be done about that. As for income garnishment, that will not be possible, because I will not have any income from Canadian sources.
Reply With Quote
  #4  
Old 09-24-2020, 09:21 PM
Helpmyspouse Helpmyspouse is offline
Senior Member
 
Join Date: Feb 2018
Posts: 187
Helpmyspouse is on a distinguished road
Default

I sympathize with you and it's true she can come back for more any time. I've been told the same thing. Even if the ex agrees to sign off on any future spousal they can still come back and try for more. So even if the chances for them are slim to succeeding you still have to burn money and time to file a response and deal with the shit that comes from being trapped again in a family law system designed to make lawyers and judges rich. I'm sorry this is causing you anxiety and I say good for you if you can screw the system by leaving the country. But your kids might tell her where you are unless you also plan to cut off communication with your kids. That would be the saddest part in all.
Reply With Quote
  #5  
Old 09-24-2020, 09:24 PM
Newfie76 Newfie76 is offline
Member
 
Join Date: Nov 2015
Posts: 88
Newfie76 has a little shameless behaviour in the past
Default

Comfortably Numb,
I agree with you. The Canadian slavery laws will never change. The legal system protects itself and MPs will never even speak of Family Law unless it means a play toward feminists votes. I plan to move from Canada as soon as I know my kids are set. I do not intend to remain in this country shackled to another person financially for “indefinitely”. The only term for this is Slavery.

While I support the concept of Child Support, there are even aspects of CS that also lean toward the payor representing a Slave to the receiver of CS. The fact that if I wanted to get a second job (because I pay 50% of my income to my unemployed owner) to better myself, better the lives of my children with programs I could pay for, better clothing, food etc I need to hand over that income as well. Why would any payor of support work a second job, 40-70 hours a week only to hand over more money to their owner. It’s slavery and nothing more. It’s a Human Rights issue that is ignored by the Canadian public and the legal system completely takes advantage of that. Then one only need look at how the legal system has taken advantage of our children, it’s just shameful! “In the best interest of the children”? That is a classic “Human Shield” tactic. Any move to reduce a receivers support payment is a direct attack against the “Best interest of the children”. It’s a game that is completely rigged. Meanwhile, any transfer of support payment to a receiver is taking financial support directly out of the hands of the children.

My parents took care of me for 20 years, even giving birth to me (imagine that!!), paid for my every need and even covering my college education costs. I myself worked hard in college to better myself, eventually finding employment and getting to the position I hold today. Then I met my ex and married her for 8.5 years. I tried to convince her to work...go to school... but it was always no. I even took parental leave twice to allow her to find employment. But nope. She would refuse to work.
Eventually this plus other issues (She cheated) drove us to separate. And according to the Canadian slave system, I owe my ex wife a permanent salary for our marriage. A marriage that did not have any connection to my financial success, yet the government says I owe her an indefinite Salary while my parents are owed nothing. If anyone is deserving of financial income it would be my parents more so than my deadbeat ex who continues to do nothing because well.... why would she? She has an indefinite income protected by the Canadian Slavery laws. Something that the Charter of Rights does not have jurisdiction over. If it did, spousal support would be considered a violation. It’s hard to believe the hypocrisy of the Charter of Rights exemption over family law assigning indefinite debt to one person to pay/support another.

The only way around slavery is to escape it.
Reply With Quote
  #6  
Old 09-24-2020, 09:28 PM
pinkHouses pinkHouses is online now
Senior Member
 
Join Date: Sep 2018
Posts: 123
pinkHouses has a little shameless behaviour in the past
Default

I am told it makes a difference: What is the exact wording of the spousal support clause?
Reply With Quote
  #7  
Old 09-24-2020, 09:57 PM
rvalentines rvalentines is offline
Member
 
Join Date: Dec 2019
Posts: 67
rvalentines is on a distinguished road
Default

Complain and get your voices heard to as many men as possible so more men wake up and refuse to get married. Unless the feminist's are willing to re-write alimony/child support/family laws, Men should refuse to get married in these situations.

Check out Better Bachelor on YouTube for a start. Great videos on these topics.
Reply With Quote
  #8  
Old 09-24-2020, 09:59 PM
Comfortably Numb Comfortably Numb is offline
Junior Member
 
Join Date: Sep 2020
Posts: 7
Comfortably Numb is on a distinguished road
Default

Quote:
Originally Posted by Helpmyspouse View Post
I sympathize with you and it's true she can come back for more any time. I've been told the same thing. Even if the ex agrees to sign off on any future spousal they can still come back and try for more. So even if the chances for them are slim to succeeding you still have to burn money and time to file a response and deal with the shit that comes from being trapped again in a family law system designed to make lawyers and judges rich. I'm sorry this is causing you anxiety and I say good for you if you can screw the system by leaving the country. But your kids might tell her where you are unless you also plan to cut off communication with your kids. That would be the saddest part in all.
Of course I will communication with my kids, and I won't be leaving until I am sure they are in the right path and in the university. I will let even my ex where I will be. As I said where I will be going there is no bilateral judicial agreement with Canada on Family Law issues.
Reply With Quote
  #9  
Old 09-25-2020, 08:56 AM
pinkHouses pinkHouses is online now
Senior Member
 
Join Date: Sep 2018
Posts: 123
pinkHouses has a little shameless behaviour in the past
Default

I suppose anything is possible but a Miglin release is supposed to take care of this, or so I thought. It has clauses about the fairness of the negotiation etc.
My lawyer told me that the clause and term cannot be changed. I cannot reduce the spousal support and it will terminate forever.

Yes, keeping an eye on this thread.
Reply With Quote
  #10  
Old 09-25-2020, 09:43 AM
pinkHouses pinkHouses is online now
Senior Member
 
Join Date: Sep 2018
Posts: 123
pinkHouses has a little shameless behaviour in the past
Default

I searched for Arabian's posts, found 25 and while he did mention Spousal Support may never end he did not give any details.

Canlii serach "spousal support" and "terminate forever" showed no cases where the spousal support was extended beyond the termination date. There were instances where the payer wanted to stop paying early and lost.

There were cases where the judge simply ruled it ended forever.

So I am confused with the statement it never ends.
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 On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Thought I saw... ATMYWITSEND General Chat 2 09-01-2011 02:14 PM
Thought provoking? Kimberley Financial Issues 12 06-09-2011 12:05 AM
never thought i would go through this again standing on the sidelines Divorce & Family Law 29 02-09-2011 07:49 PM
I thought the relationship would improve with time... Epona Divorce Support 5 10-03-2010 11:51 AM
Thought for the day howdIgethere General Chat 6 02-14-2006 10:12 PM


All times are GMT -4. The time now is 09:01 PM.