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

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 03-02-2015, 10:27 AM
viewfromthecheapseats viewfromthecheapseats is offline
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Default settlement offer accepted

It would appear that a settlement offer has been accepted.

200.00 a month compensatory SS until age 67. No child support ordered. He pays all costs of her bankruptcy within six months. No unjust enrichment claim. All property issued to be considered settled. No order for costs.

She is now engaged to be married. I think this is now put to bed.

Thank you everyone for all the great info.

We have appreciated everything we have learned through your sharing of experiences and insights. Just waiting for it all to be formalized.

viewfromthecheapseats.
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Old 03-02-2015, 10:48 AM
Links17 Links17 is offline
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I assume all those items are listed as to what they are:
costs of bankcruptcy = Xxxx$

things like "all the costs of her bankruptcy" are yucky

etc....
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Old 03-02-2015, 01:36 PM
viewfromthecheapseats viewfromthecheapseats is offline
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Unfortunately not Links17. I let him know ambiguity in a court order can come back to bite you but he says they verbally agreed it was for the cost of filing for bankruptcy. It was explained to him that the agreement could be read as to include any monthly payments or unforeseen debt. He just wanted it over with. What's done is done I guess.

Last edited by viewfromthecheapseats; 03-02-2015 at 01:37 PM. Reason: correcting misspelling
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Old 03-02-2015, 05:16 PM
Links17 Links17 is offline
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Quote:
Originally Posted by viewfromthecheapseats View Post
Unfortunately not Links17. I let him know ambiguity in a court order can come back to bite you but he says they verbally agreed it was for the cost of filing for bankruptcy. It was explained to him that the agreement could be read as to include any monthly payments or unforeseen debt. He just wanted it over with. What's done is done I guess.
Haha, you reap what you sow I guess, he'll have nobody to blame but himself. I hope he retains notes or anything else to help illuminate a judge in the future on the matter.

In these matters judges tend to bias towards the lower income party.
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Old 03-27-2019, 11:19 PM
viewfromthecheapseats viewfromthecheapseats is offline
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Hello, back again...4 years on, she failed to initiate her bankruptcy procedures by the six month mark and today she notified me that she would like to proceed with the bankruptcy, wants me to pay for it, and also asked if i could pay her a lump sum for remaining SS which she calculated to be 16,800.00 but was willing to 'take 10,000.00 instead if i pay upfront. Would I still likely be on the hook for the bankruptcy costs given that she has waited four years to proceed?. I assume that FRO would be a problem with the lump sum pay out. Could her legal aid be reactivated if she decided to go to court if i say no?
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Old 03-28-2019, 07:59 AM
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very strange arrangement

What does bankruptcy have to do with him... particularly 4 years later? Costs of filing for bankruptcy are nominal but depending upon overage income (see Superintendent of Bankruptcy Canada websites for more information). It can be as little as 1800.00 I believe for a 1st time bankrupt (don't hold me to this though, do your own research).

200.00/month SS sounds like a much better thing as it can be used by him for income tax deduction (she has to declare it as income and it is taxable).

Anyone can end FRO payments by simply signing a form (you can find the form on FRO website).

If she wants to retain legal aid in future she will have to qualify for certificate. This is not his problem or his concern.

Was there an Order for everything? I've never heard of someone paying for another person's "bankruptcy costs" because it is fairly trivial. Typically in SS situations an amount is agreed to and recipient is free to do with the money whatever they want. Why is bankruptcy even part of discussion?
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Old 03-28-2019, 02:58 PM
viewfromthecheapseats viewfromthecheapseats is offline
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Thanks for answering. The bankruptcy was part of the agreement because she requested that it be based on her claim that although the cc was in her name i used it too. It was for a business related expense.

In any case, it was part of the agreement, it was stipulated that I had six months to pay for the cost of her bankruptcy. She failed to follow through on it until now.

It was mostly about whether there is an 'expiration date' on the expectation that I pay for it if she hadn't followed through in a timely fashion, and could my refusal to pay it now, re-activate her legal aid since it covered the cost of court for the original agreement. I hope that clears up any confusion.
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Old 03-28-2019, 03:34 PM
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If the agreement said you had six months to pay isnt the idea that she was filing for bankruptcy immediate? Why did she wait? Did she continue to operate with the card in operation?

I would respond that the bankruptcy clause has expired and the ss amount cannot be changed.
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Old 03-28-2019, 06:10 PM
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You pay her bankruptcy fees and she goes bankrupt and in that bankruptcy is money owed on the cc? Tell her to talk that over with her bankruptcy trustee. LOL. You want no part of her fraud. If you read up (do your homework) about bankruptcy you will find that actions leading up to the filing are under scrutiny. Some people think they are smart by running up their cards and then declaring bankruptcy but it doesn't always work out for them.

I'd tell her to get stuffed....

Why are you even still communicating with her? Move on. People can try to take the other person to court but it doesn't always work out in their favor.
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