Possibly setting precedence!

[Tired_Dad]

Good day all,

Well, I managed to get my order from the court (due to lack of involvement or cooperation from the other side). I was awarded an order to sell the home, my divorce , cost awarded against my ex and imposed child support upon myself (as I want to support my children). The ex has "NOW" hired counsel, come after me for back support and support going forward (or a huge lump sum buy out). The ex also wants to dictate the sale of the house and timing That's funny . As spousal wasn't awarded at the hearing, what are the chances they can be imposed going forward? The judge asked about the ex's situation and I was truthful and honest. The judge didn't impose support at the time... can this be varied and added? No material change or unforeseen circumstances. This just seems like a possibility of setting precedence for any judge due to a lack of involvement or disclosure... very disrespectful to the courts.

Thoughts?

[tunnelight]

Has she filed an appeal ?

[Tired_Dad]

She hasn't as of yet, but has asked for a very large lump sum spousal payment. I'm not going to agree to the amount and she's not going to have a say in the proceedings for the sale of the home. Has anyone experienced this yet? If this was reversed, they would have hanged me.

[Tired_Dad]

What are the chance of my ex, getting spousal support after a final divorce has been entered against her in default? I'm being asked for a lump sum spousal payment, after all is said and done (and I'm out HUGE $$$ because of her lack of involvement). I've received mixed results from a lot of legal avenues and just wanting to see if anyone out here has ever seen this.

[tunnelight]

It can be, but I think she has to reasonably justify why she didn't request it before a divorce order was issued

Not sure if she would have to demonstrate a material change in circumstances. Seasoned members may know

[thefunone]

Tired_Dad....you need to appreciate that ANYTHING can be challenged in court. As she will be the Applicant she will need to prove what she needs and why she needs it and why she has asked for an Appeal. She may argue that she couldn't afford counsel...didn't know the law...etc.
As is posted elsewhere in these forums - its a big NO to paying a lump sum in SS - there is not TAX relief doing that.

[Tired_Dad]

Thank you all for the information and input! I'm going to try and deal with this for good soon. Not sure how this will play out, but I'm not going to bend over and take it. I've read up a lot on cases in CanLii (which is a helpful website) and found some similar cases... reversed gender, but similar all the same. I've heard from numerous legal representation that the courts are biased... I believe if this was addressed without gender, the results would be very much where I'm at now. Best of luck to everyone out there and if anyone has anything to add, please feel free! The fights not over yet.

[phatkid77]

In my mind. If you’re granted a DIVORCE. There’s a box that says there are no further issues outstanding or something. Spousal seems like a financial issue that she should have brought up and failed to do so. I wouldn’t sweat it too much


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