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General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

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  #1  
Old 02-09-2018, 09:46 AM
dad2bandm dad2bandm is offline
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Default When death doesn't end your spousal support obligations to your ex

http://business.financialpost.com/pe...ons-to-your-ex

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Many separation agreements contain clauses saying that spousal support is “fixed and non-variable” or “non-reviewable.” Unless the agreement contains a clause that spousal support ends on the death of the recipient, Justice Mah’s decision is clear that a non-reviewable agreement means exactly what it says.
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Old 02-09-2018, 05:04 PM
Berner_Faith Berner_Faith is offline
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Originally Posted by dad2bandm View Post


This shouldn’t be a surprise that’s what life insurance is for... same goes with CS... bills don’t automatically disappear when one passes away...mortgages, car payments, etc are all still owed unless insured


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Old 02-12-2018, 08:24 AM
ifonlyihadknown ifonlyihadknown is offline
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In this case, the wife (recipient) died before the term of SS was up. The judge ruled that due to the wording of the separation agreement the ex-husband had to continue to pay his ex-wife's corpse.

Ugh.

The ex reaching back from the grave to continue to sponge off their ex. This gives new meaning to the term "zombie horror movie."
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Old 02-12-2018, 04:21 PM
dad2bandm dad2bandm is offline
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Originally Posted by Berner_Faith View Post
This shouldn’t be a surprise that’s what life insurance is for... same goes with CS... bills don’t automatically disappear when one passes away...mortgages, car payments, etc are all still owed unless insured


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This continued spousal support to the estate was specific to the wording used, in the agreement.

I'm not sure I understand your "same goes with CS" comment. I don't think the expectation would be for someone to continue to pay child support for months or years, if the child in question passed . Or do you mean if the payee who was receiving child support passed? That is not the same thing in my opinion, as obviously, there is still a child to support in that equation.
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Old 02-12-2018, 04:31 PM
rockscan rockscan is offline
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I think BF was referring to situations where kids are young and cs has to be paid in an ongoing manner. Im sure if that person in the case wanted to, they could file to have it stopped. The money would be going to someone. My father still had his OAS cheques garnished but my mother died so he will probably have that stopped. There was nothing in their agreement about termination or estates. He would have had to fight for the garnishment to stop.
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