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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #21  
Old 08-16-2014, 12:48 PM
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I'm curious as well. Money could go into kid's education fund.
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  #22  
Old 08-16-2014, 03:59 PM
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We have enough and are doing fine kids will get whatever education they choose. I have a daughter entering college in the next couple of weeks oldst son has started apprenticeship. Step son is almost finished his first degree preparing to enter law school. I have one step son entering high school and my soon still in grade eight. I know right of the child and all that but there needs are met so why bother with the money? I can look after myself and the kids without any need for help and I believe in financing my own choices. Shame more people don't think the way I do.
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  #23  
Old 08-16-2014, 05:16 PM
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Most people likely don't have the income you have. Many people struggle to make ends meet (rent, food, utilities) and desperately need the child support. It sounds as though you have never been without in your life. I can therefore understand how difficult it is for you to comprehend the difficulties that someone who indeed is "without" is going through.

Congratulations on raising highly successful children. You must be very proud indeed!
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  #24  
Old 08-16-2014, 11:12 PM
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Quote:
Originally Posted by arabian View Post
Most people likely don't have the income you have. Many people struggle to make ends meet (rent, food, utilities) and desperately need the child support. It sounds as though you have never been without in your life. I can therefore understand how difficult it is for you to comprehend the difficulties that someone who indeed is "without" is going through.

Congratulations on raising highly successful children. You must be very proud indeed!
I don't believe children need money to be happy. A hard working parent who loves them is much better then someone who looks to live off of someone else. It is a poor example and promotes the sense of entitlement that is becoming the norm today.
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  #25  
Old 08-17-2014, 11:45 PM
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Quote:
Originally Posted by Janibel View Post
I've been reading up on this subject from various legal sites on the net. From what I understand if the debts are considered as support payments ex. SS or CS including any arrears, they are not discharged by bankruptcy.

The same goes for mortgage payments if they are part of a support agreement for the benefit of an ex spouse/children they will take priority. As Arabian said above DO NOT take the trustee's word for it. Case by case, this can be contested.

Best thing is to hire a bankruptcy lawyer as this is probably one of the most complicated aspects of family law - not something you would want to self-represent on.
Thanks. Debt is in the form of mortgages on properties that are in both names. Properties are underwater. There is a court order to have them sold, so once they sell, the remaining debt will still be 6 figures. Since the Ex's credit is crap, I guess the only way forward is for Ex-wife to assume this debt on her side of equalization and get the Ex to make a bigger equalization payment to her.
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  #26  
Old 08-18-2014, 12:41 AM
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You can do something which involves trying to get accounts to be name in only one of spouses and then just that spouse claim bankruptcy.
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  #27  
Old 08-18-2014, 03:02 PM
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Quote:
Originally Posted by DeadBeatDouchebagDad View Post
Thanks. Debt is in the form of mortgages on properties that are in both names. Properties are underwater. There is a court order to have them sold, so once they sell, the remaining debt will still be 6 figures. Since the Ex's credit is crap, I guess the only way forward is for Ex-wife to assume this debt on her side of equalization and get the Ex to make a bigger equalization payment to her.
If the ex has lots of assets, why can't he just pay off the debt as part of equalization?

Sell both properties, ex pays off the remaining mortgage amounts, equalize what's left.

If the ex doesn't have lots of assets, there won't be an equalization payment to be made bigger, so for the other ex to take on the debts doesn't make any sense.
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  #28  
Old 08-19-2014, 10:29 AM
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Quote:
Originally Posted by Rioe View Post
If the ex has lots of assets, why can't he just pay off the debt as part of equalization?
He could pay it off, he is just making the whole division of property drag on for years with his delays, and cant divide property if there's no disclosure. He makes offers and doesn't follow thru with paperwork. His best line is "I'm getting the paperwork together". The status quo is great for him, I'm sure he wants this to continue.
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  #29  
Old 08-19-2014, 02:32 PM
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Quote:
Originally Posted by Janibel View Post
Bankruptcy and Equalization Claims | Pantalone Family Law in Ottawa Ontario

Concerning bankruptcy and family law, the above article may help you.
I read the link, this paragraph looks like an option:

Under section 9(1), the court may order than an equalization payment be made. Again, this relief is of no value, in the event a spouse’s bankruptcy.
However, that section goes on to provide that the court also has the power to order that security, including a charge on property, can be given for the performance of an obligation imposed by the order. This means that a spouse who would be an otherwise unsecured creditor, can become secured by virtue of having a charge (such as a mortgage) registered on property in the other spouse’s name. Note, however, that this order would have to be made prior to the bankruptcy.

We know the Ex owns at least one property in the US, I wonder if putting a charge on the Ex's property is the way to go. Would the Canadian order be enforceable in the US?
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  #30  
Old 08-19-2014, 03:17 PM
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All creditors to any net benefits after the liquidation of creditor's assets.

Putting a lien on a property will just put you HIGHER up on the list.

The part that scared me in the link was how spousal support could be used as a means of reperation - ouch.
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