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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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  #11  
Old 03-14-2012, 08:46 AM
MovingOn123 MovingOn123 is offline
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Again, thank you for your advice. You have been great help in organizing a plan and understanding this process.

I was not happy with her original financial disclosure - many expenses were assumed (i.e. rent, even though she was living at her parents, utilities, chid care, even though she wasn't working) yet there was not any income imputted for her. As mentioned before, my lawyer did NOTHING for me aside from pushing the paper along and collecting a pay cheque.

Yes, the matrimonial home was sold and the equity was split. She is eager to sell our other home because my employer (as part of my relocation) had agreed to pay for real estate costs and legal fees provided the house sold by January 2013. So her position is, that if it doesnt sell by then, I should be fully responsible for all those fees, etc.
  #12  
Old 03-14-2012, 09:37 AM
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Rioe Rioe is offline
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Quote:
Originally Posted by MovingOn123 View Post
Child Support was established when we both had our lawyers, and an order was made for spousal support as well. When spousal support was determined she did not have any income and was living at her parents house. Spousal support was set at $2400/month until a further order was made and/or a mutual agreement was made.
Child support is based entirely on your income (unless you have more or less 50-50 custody, which would be impossible in your current situatoin). No flexibility there.

Spousal support is going to be a big headache. A set amount until a further order or mutual agreement is made? She's never going to mutually agree unless you've got one of those miraculously reasonable ex-wives. So you do need to hasten up that further order to get yourself out of this trap. Frankly, I'm not sure why such a large amount would have been ordered if she lived with her parents and had few expenses. Bad luck there!

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Originally Posted by MovingOn123 View Post
We both lived in Edmonton, Alberta and when she left she moved the boys 7 hours away to BC. I later was required to transfer (with work) to Ontario. I foot all the costs to fly the children here, and pay for an additional ticket (my mother) to chaperone them. I have mentioned looking at reducing child support due to the additional costs to see them, but she says it won't happen because I was the one that made the decision to move so far. Is that accurate?
Depends how well you can argue your case. You could try to argue that since she moved first, she should be responsible for at least some of the visiting expenses by way of reduced child support. Can you prove anything along the lines of you wouldn't have been required to move to Ontario if your kids still lived in Alberta?

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Originally Posted by MovingOn123 View Post
I am working on the evidence of her working and/or owning the gym. I have prepared an email to her (not sent yet) requesting her financials. Is there any actual requirement for her to send them to me upon my request?
You betcha there is. Financial statements are only valid for 30 days or something crazy like that. So to establish a final agreement or to go to court, you need up to date financial statements from both sides. Send her yours, and request hers. Once the agreement is final, you'll only need to exchange tax return information annually for income purposes for CS, but until then, it's the full deal, income, assets, expenses and debts, kept up to date regularly.

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Originally Posted by MovingOn123 View Post
We have sold the matrimonial home and split the equity and I signed over the family car (at the time I had a company car). I am making all the credit card payments (approx $500/month); however have not sorted out how the reminaing balances will be paid (approx. $15,000). She is requesting all the RRSP's ($20,000), and my stock options ($15,000). We own a house in Cranbrook, BC (currently being rented) that we are going to sell, and a loan we are going to split. She took all the home contents (and I mean all! she left me with my clothes, and old bed, sofa and tv).
Sounds like equalization was not done very properly or fairly at all. Make this part of your agreement. Use the search function on here to make sure you understand how it works, but basically you take all the assets and debts at date of marriage, all the assets and debts at date of separation, find the difference and divide by two. The matrimonial home always gets divided in two no matter who owned it before the date of marriage, but this extra house of yours is just an asset and doesn't have to be divided equally if one of you owned it prior to the marriage. You'd only divide the increase in value over the two years of your marriage. And frankly, if she took the car and all the house contents and left you with the credit card debts, I would say you are definitely owed some equalization money, and certainly don't need to give her your RRSPs and stock options.

Quote:
Originally Posted by MovingOn123 View Post
She is requesting Spousal support to be paid until September 2014, then re-evaluated. That would mean 4 years of spousal support, on a 2 year marriage - at $2600/month. Nuts! After child support, spousal support, credit card payments, and my own minimal living expenses I would not be able to support myself unless it was for my new partner.
Well, in the interests of fairness, it was an 8 year relationship altogether, so here's where you can afford to let yourself be negotiated towards what she wants. Stick firm on fairer equalization and reduced travel expenses for access, and let her negotiate the spousal support she wants. She basically wants the spousal support so she can be a stay at home mom till the kids are both in school? Do you want that for your children, or do you think day care would be beneficial to them? If you do the spousal till that date for her, refuse to pay any daycare section 7 expenses, as daycare is unecessary for a stay at home mom. If she gets the spousal she wants, she'll think she's "won" and might flex a bit on the other items. And honestly, from things I read around here, court drags on forever and you could find yourself paying spousal till then anyways while you try to fight for the final order you need to stop paying it. But insist on the Septemer 2014 end date. No re-evaluation.

And don't forget to include the spousal support as her income (and take it off yours), plus whatever gym income you can attribute to her from her financial statement or your investigations, in the calculation for her proportional share of section 7 expenses.

Good luck!

Last edited by Rioe; 03-14-2012 at 09:39 AM.
  #13  
Old 03-14-2012, 10:11 AM
Exquizique Exquizique is offline
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I’m glad some of this was of some help to you. Navigating the family law system is a nightmare at the best of times. Rioe makes MANY good points and things to keep in mind while you are working out your position and offers to her. I would definitely keep those in mind. This forum is a great resource for research, advice, ideas, and learning from others’ experiences.

I agree with Rioe on the remaining house being an asset that might not even be “split” once PROPER equalization has been done. That your employer offered to RE costs and legal fees related to the house under certain terms has no bearing whatsoever, and she cannot hold you responsible for anything related to the offer.

Agree with her that you want to know what to do about the house and when ASAP. Inform her that in order to do that you will need to carry our proper equalization. In order to do so, you will require FULL financial disclosure from her (again, as Rioe pointed out, prior/previous disclosure are now “outdated”). Request that she provide such so that you can get moving on it with speed.
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