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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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  #11  
Old 07-05-2012, 05:39 PM
Mess Mess is offline
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Splitting the pension is simple under current legislation, the pension provider is responsible for valuing it and paying out to you. Just bank it and pay child support from that amount.

You cannot have a legally binding agreement that will mean you pay no child support (if the child lives with her.) She could go to court at any time and seek support. Here is the thing: You signed off on your rights to the pension, that would be binding, especially if it is 6 years after separation. There is a time limit on equalization. But she can seek child support whenever she wants.
  #12  
Old 07-05-2012, 05:49 PM
jjminiman jjminiman is offline
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50/50 custody

and it says the child shall not be removed from our town by wife or husband that means i cannot move to the next town 10min away i will and do drive my daughter to school, everyday as it is
  #13  
Old 07-05-2012, 05:50 PM
jjminiman jjminiman is offline
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right thanks i think my best option is to file a motion and use the pension money on court costs my share as per the evaluation 26k
  #14  
Old 07-05-2012, 06:08 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by jjminiman View Post
50/50 custody

and it says the child shall not be removed from our town by wife or husband that means i cannot move to the next town 10min away i will and do drive my daughter to school, everyday as it is
how about wording it so the parents have to stay in the same school district??
  #15  
Old 07-05-2012, 06:14 PM
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If the children are with each of between 40-60% of the time, then child support is calculated by taking what you would pay (at $48k) subtracted from what she would pay (at $65K). She should be paying you about 160 per month CS.

There is no reason to pay her cash, or to give up your share of her pension in exchange for "no support."

If it were me, I would prefer to live in the same town as my child's school, activities, sports, lessons, friends, etc. for the simple reason that as she grows older and is more independant she will walk home on her own, invite friends over to hang out or do homework, etc. and it feels much more like her life and home is with you, not that she is visiting from across town or from another town. But I am sure you have your reasons.

I would respond to your ex this way then:
"According to the Ontario Family Law Act, the amount of your pension that accumulated during marriage is part of the marital property and must be split equally between us. Furthermore, under provincial and federal legislation, the Child Support Guidelines are mandatory and would show that child support must be paid according to the difference between our incomes. For this year, that would mean that you would pay me $160 per month in child support.
Because the amount of child support is nominal, I am willing to agree to have no support payments as long as our respective incomes are within $15k per year. I will also sign off on any claims against your pension. These agreements from me, if you agree to mobility allowing me to live with our child within (xx km) of her current school, and her remaining in the current school district. However I will only do this in order to avoid legal fees for both of us, which would mean less money available for our child. If this issue must go to court, then this offer is off the table and I will seek the full amounts as determined by Ontario law."
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Old 07-05-2012, 06:16 PM
jjminiman jjminiman is offline
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nope not same school district doesnt say it anywhere
  #17  
Old 07-05-2012, 06:21 PM
jjminiman jjminiman is offline
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thats an excellent suggestion i am gonna propose that ecxactly i do want to live in the samer town and i plan too reason is im 2 roads over from another town b ut its not the same name the clause the husband or the wife shall not remove the child from our town is to controlling our town has 9000 people im only asking for 25km radius as it puts me in like 8 others and gives me the ability to purchase the right home
  #18  
Old 07-05-2012, 06:24 PM
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If there is no mobility clause, you move to the next town north, then she moves to the next town south, and with your child now two towns away it stops seeming as convenient a drive, expecially if your work is in the opposite direction. Remember you need to think a minimum of ten years ahead here, possibly longer.
  #19  
Old 07-05-2012, 06:31 PM
jjminiman jjminiman is offline
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ya that is why i would like no further than 25km radius from her school
  #20  
Old 07-05-2012, 10:56 PM
jjminiman jjminiman is offline
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ok so i think im going to file a motion and let judge decide anybody know how many ti es we need to go to court to rectify this stuff before a judge makes a ruling
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