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

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  #21  
Old 09-14-2021, 01:11 PM
rockscan rockscan is offline
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A judge may not accept the overpayment as you chose to agree to overpaying her. Not to mention she could claim a pile of section 7 expenses that eat up any overpayment.

Lump sum payments are never a good idea for support.
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  #22  
Old 09-14-2021, 01:23 PM
gmcode gmcode is offline
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what if she has to agree to review CS based on income and guideline if claim again? it doesn't help at all?

S7 expense has to be reasonable and necessary, also depends on the family's income and spending style, and both parties have to agree on it. I might not have to pay whatever she provides in receipts, am I right?
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  #23  
Old 09-14-2021, 04:18 PM
rockscan rockscan is offline
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Quote:
Originally Posted by gmcode View Post
what if she has to agree to review CS based on income and guideline if claim again? it doesn't help at all?

S7 expense has to be reasonable and necessary, also depends on the family's income and spending style, and both parties have to agree on it. I might not have to pay whatever she provides in receipts, am I right?

Nothing is certain. In your case by giving her a lump sum you are in effect agreeing to anything. In a sense, here is money to raise our child and I dont care how. So she can argue she used the money for swimming lessons, sports, tutoring etc. You didnt want a say so she didnt ask you and because this is done to make her go away, she will win. What are you going to say in court when the judge asks why did you give her a lump sum if you wanted to approve expenses? I wanted it to go away your honour?

She will have to review the guideline and the income ANY TIME this is reviewed. Including now. You are so worried about her asking for spousal and equalization that you are paying her to get lost. SHE WONT STAY GONE. A judge will ask why she didnt deal with this years ago and why she accepted less not to mention her demands to things she isnt entitled to. You are so terrified that you are willing to put yourself at risk again to make her go away.
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  #24  
Old 09-14-2021, 05:07 PM
gmcode gmcode is offline
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sorry I forgot the important part in the settlement, I meant she has to agree to review and recalculate the CS and S7 based on actual income, guideline and lump sum paid in advance if claim again, unused portion must be carried over to future support. She might have to think about it before going to court again especially if my income is lower than before.

And the term to request lump sum to be properly spent on children will be there.
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  #25  
Old 09-14-2021, 05:53 PM
cleanSlate cleanSlate is offline
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Your plan of overpayment is not sound, it raises suspicion.

You can send your ex a cash gift afterwards if you want as a birthday present; you won't get credit for that. I guess they could call that you willingly agreeing to up your support and ask you to keep doing it.

Somebody somewhere sent extra and then used that to make the ex feel financially dependent on them. That is frowned upon.


Something is fishy.
Still let your lawyer do it. Later you can have a lawyer on a limited retainer to cut costs.
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  #26  
Old 09-14-2021, 06:24 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by gmcode View Post

And the term to request lump sum to be properly spent on children will be there.
you cannot dictate what the CS is spent on...

Honestly you are being very unrealistic with everything. Just pay the CS to be recalculated each year at a certain time. Keeps things simple.
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  #27  
Old 09-14-2021, 10:50 PM
gmcode gmcode is offline
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Quote:
Originally Posted by cleanSlate View Post
Your plan of overpayment is not sound, it raises suspicion.
Not fully understand what suspicion could be? She is also claiming Retroactive, if go with lump sum settlement, all disputes will be settled for now. If go trial, costs more and uncertainty. If overpaid with a lump sum solution, want to make it hard for her to win more claim later on. Is it something fishy or frowned upon? Recalculation of CS based on lump sum paid, actual income(if go back to court later on) won't be accepted by court at all?
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  #28  
Old 09-15-2021, 09:08 AM
Brampton33 Brampton33 is offline
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Not sure what the hubbub is all about. There at tons of decisions on Canlii dealing with retroactive payment, and they all look the same. Each decision has a chart that looks like this:

Year Salary Table Amount(yr) Amount Paid(yr) Amount Owed (+/-)
2018 $60,000 $7,000 $5,000 $2,000
2019 $62,000 $7,300 $7,000 $300
2020 $63,000 $7,500 $6,000 $1,500
2021 $65,000 $7,800 $8,000 ($200)

Whereby at the end the judge would order you to pay $3,600. Its not complicated. Just go year by year. What did you earn? What were you supposed to pay? What did you actually pay? Pay or receive the difference.
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  #29  
Old 09-15-2021, 09:16 AM
rockscan rockscan is offline
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Quote:
Originally Posted by gmcode View Post
Not fully understand what suspicion could be? She is also claiming Retroactive, if go with lump sum settlement, all disputes will be settled for now. If go trial, costs more and uncertainty. If overpaid with a lump sum solution, want to make it hard for her to win more claim later on. Is it something fishy or frowned upon? Recalculation of CS based on lump sum paid, actual income(if go back to court later on) won't be accepted by court at all?

What your ex is doing is extortion. And you are falling into it. Not for the first time either.

She can claim all she wants but truly it would be three years back. You are overpaying her to save legal costs but in the end will have additional costs in the future when she comes back. Someone who has gotten away with this twice will do it again.
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  #30  
Old 09-15-2021, 10:51 AM
gmcode gmcode is offline
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I believe you guy's comments are right in the context of CS, really appreciate it. Have a couple of questions though.

1. I paid a lump sum before, but the child didn't live with her for several years(the child lived outside of Canada), and she doesn't have proof that she has ever sent money to support the child. If I claim credit for the lump sum paid during the time the child was not living with her, will the court likely support my claim.

2. She never contacted me in past many years, never exchanged financial status, cut me off from the child as well, she didn't talk to me even when I reached out to her. Until awhile after first lump sum used up (defined in separation agreement), she filed a court case from nowhere. In this case, how likely the court will go back for retroactive? Still maximum 3 years or might be less or further back to the separation agreement signed many years ago?
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