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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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  #1  
Old 07-04-2012, 08:59 PM
jjminiman jjminiman is offline
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Hello recently seperated and wife will not sign seperation agreement nor will i due to it not being fair she has a gov pension which will opt out of i do not have a pension she also has rrsp s as well. she made 65k last yr i made 48k and we have a child she is asking for cash and that i am to live in our town till the child is 23.

there is no way im signing that and she will not negotiate so my option is file a motion does anybody know what to expect when we sit with the judge and how soon after does the judge make a decision for us uf we cannot agree.

thanks
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Old 07-05-2012, 12:11 PM
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A high conflict divorce...1-3 years at a cost of 10-30K.
You can expect to have an interim order within a matter of months.
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Old 07-05-2012, 01:48 PM
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ya we are not to far apart on the agreement just 2 items
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Old 07-05-2012, 02:34 PM
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What two items? and how far apart?
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Old 07-05-2012, 03:46 PM
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she has a large pension she made more last year and more money than me for the last 6 yrs so i said no child support and i wont touch your pension.

she wants 6500 bucks extra from me ontop of this i also will assume a line of credit which is join t and she states she want us both to reside in our small town not a distance i must live in this specific town as does she i asked for 25km radius from childs school

so if we can agree on those 2 items no money and 25km we are good to go if not a judge will rule i am entitled to half her pension while we where married and the appraised value is 64,000 dollars and ill go after cpp and her extra vacation days since it will cost me 10k plus to bring her to court
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Old 07-05-2012, 03:55 PM
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Quote:
Originally Posted by jjminiman View Post
she has a large pension she made more last year and more money than me for the last 6 yrs so i said no child support and i wont touch your pension.

she wants 6500 bucks extra from me ontop of this i also will assume a line of credit which is join t and she states she want us both to reside in our small town not a distance i must live in this specific town as does she i asked for 25km radius from childs school

so if we can agree on those 2 items no money and 25km we are good to go if not a judge will rule i am entitled to half her pension while we where married and the appraised value is 64,000 dollars and ill go after cpp and her extra vacation days since it will cost me 10k plus to bring her to court
Assume you mean spousal support? One cannot waive child support as it isn't yours to waive, it is the right of the child.
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Old 07-05-2012, 03:59 PM
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Its a bad idea to state no CS - it is not enforceable.

CS is a right of the child and other parent can't negotiate it away. It could come back to haunt you.

Why don't you just do it 'by the book'?:

Split all assets and debts acquired during the marriage 50/50 (including pension, cpp, rrsps).

Split equity in matrimonial home 50/50 (even if not acquired during the marriage).

Pay CS based on child support guidelines, adjusting yearly July 1 based on previous years income tax returns.

SS if necessary.
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Old 07-05-2012, 04:01 PM
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ya im trying to avoid spending 10k at lawyers on the other hand if im awarded her pension it will offset court costs
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Old 07-05-2012, 04:05 PM
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You may sign off on no child support, but she can come back and seek child support.
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Old 07-05-2012, 04:33 PM
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What is the custody situation with the child? Is it 50/50?

If she has full custody of the child, the agreement about not moving is not in any way enforcable. You cannot be bound to a contract that says you must live in a certain town. You will always be free to move; what you may not do is move the child. At most, a clause like that would mean that if you moved, you would be responsible for travel and costs of access visits.

If you had full custody, or if you shared physical custody, she could ask for a clause that prevented you from MOVING THE CHILD. You are always free to move where you wish.
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