Help Quick! I need a list of questions!! Please
- Thread starter baclayton
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I filed a motion to change. I have a seperation agreement so to speak but with no lawyers and he will not produce a signed copy. I need to know what i am entitled to in regards to support (50/50 arrangement) RRSP's that I left at the time of separation (2009) I signed off on the house... but got no property. I need to knwo what is considered section 7 exactly etc...
standing on the sidelines
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so basicially you and he did the separation agreement without involving lawyers?? If so i would first ask if the agreement is legal.If it wasnt filed with the courts is it legal?
Rioe
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First, what you describe as a separation agreement is worthless. You don't have a copy signed by him? No lawyers were involved? It's junk.
Next, 90% of questions you would ask a lawyer you can look up the answers to here and save yourself money. For example:
With a 50-50 custody arrangement, you are entitled to offset child support. Search that term here for lots of details.
You are entitled to half the RRSPs you had at the time of separation (minus any pre-marriage value). Did you get more than half in exchange for signing off on the house? Why would you get no property in exchange for that??
Section 7 extraordinary expenses are those that go beyond normal expenses that arise for children. Daycare fees, overnight school trips, private school fees, university tuition, that sort of thing.
Renting a flute so your child can play in the school band? Normal expense for most families. Buying a fancy violin because your musically gifted child is taking private lessons? Extraordinary. Small fee for a day school trip for the class to go to a museum? Ordinary. Thousand dollar fee for the senior trip to Italy? Extraordinary. The dividing line is often based on household incomes, so what may be ordinary for one child's families is extraordinary for another. That's all a lawyer can tell you.
So do your research here first. Then take what we can't answer to your lawyer consultation.
The questions you SHOULD be asking are more philosophical and ethical in nature. Does this lawyer do court? What's his success rate? Does she have experience with cases/situations like yours? Does he believe in shared parenting, or that the mother should have the children? How fast can she get back to you if you phone with a question? What is his hourly rate? Will he waste your time and money sending endless letters back and forth between your ex's lawyer? Look her up on Canlii to see how she did in previous cases and ask him about them. Look him up on Rate my Lawyer to see if past clients had anything to say about him.
Use this site for your research and questions, and use your consultation to determine if this lawyer is a good fit for you and your case. It's like a job interview and you are deciding if you want to hire him or not. Go in with a good idea of where you want to take your case and what result you ultimately hope for, based on realistic research on this forum, and see what he think he can do to get you there.
Next, 90% of questions you would ask a lawyer you can look up the answers to here and save yourself money. For example:
With a 50-50 custody arrangement, you are entitled to offset child support. Search that term here for lots of details.
You are entitled to half the RRSPs you had at the time of separation (minus any pre-marriage value). Did you get more than half in exchange for signing off on the house? Why would you get no property in exchange for that??
Section 7 extraordinary expenses are those that go beyond normal expenses that arise for children. Daycare fees, overnight school trips, private school fees, university tuition, that sort of thing.
Renting a flute so your child can play in the school band? Normal expense for most families. Buying a fancy violin because your musically gifted child is taking private lessons? Extraordinary. Small fee for a day school trip for the class to go to a museum? Ordinary. Thousand dollar fee for the senior trip to Italy? Extraordinary. The dividing line is often based on household incomes, so what may be ordinary for one child's families is extraordinary for another. That's all a lawyer can tell you.
So do your research here first. Then take what we can't answer to your lawyer consultation.
The questions you SHOULD be asking are more philosophical and ethical in nature. Does this lawyer do court? What's his success rate? Does she have experience with cases/situations like yours? Does he believe in shared parenting, or that the mother should have the children? How fast can she get back to you if you phone with a question? What is his hourly rate? Will he waste your time and money sending endless letters back and forth between your ex's lawyer? Look her up on Canlii to see how she did in previous cases and ask him about them. Look him up on Rate my Lawyer to see if past clients had anything to say about him.
Use this site for your research and questions, and use your consultation to determine if this lawyer is a good fit for you and your case. It's like a job interview and you are deciding if you want to hire him or not. Go in with a good idea of where you want to take your case and what result you ultimately hope for, based on realistic research on this forum, and see what he think he can do to get you there.
I actually got none of the RRSP's, well I did get $2200. for first and last on my new place but I left with nothing but the dog and a maxed out line of credit. Stupid I realize now but I was under the premise that I wanted to get along and he doesnt get along if his wallet is compromised. We do have an interim order until court so its better than what i had before.
standing on the sidelines
New member
geesh you got screwed big time. I would have made it part of the signing off of the house that he paid for the line of credit. What was the equity in the house when you separated?
BS.
The agreement between my ex and I was written by me using precedents and wording from my firm. We didn't use lawyers. She does have a lawyer who may or may not review the document, but it in no way invalidates the substance of the agreement if she doesn't get it reviewed....I mean, from my side, it has never been reviewed.
The test would be, is the agreement reasonable? If it is, there is no need for lawyers. And ANY custody/parenting agreement may be filed with the court. All you have to do, is go to the court, fill out a form and give them a copy of the agreement.....there is nothing to it.
Same would apply to a co-hab agreement?
I would expect so. So long as the terms are not unfair as to negatively affect the other party, you can agree to lots of things.
Yes, getting ILA is recommended and using standard clauses where possible. But in the absense of ILA or a lawyer drafted agreement, the judge will look to see if the agreement is fair. And if it is, there is little reason for the courts to set it aside.
Makes sense. The co-hab I seek wouldn't be complicated. Basically state that my property/debt is mine and her property/debt is hers. Anything jointly owned (which would be nothing right now) would be split in accordance with contribution. All sounds fair to me. This would be the basic principles, using standard legalese.
The kicker would be a no spousal support clause and no child support for children that are not mine. Not sure if these two would fly though. Perhaps the spousal support would be okay because (I would think) we both have the right to give up our vested interest in the spousal support. Child support is a child's right and I don't think parents have the authority to give it up on the child's behalf.
I would get ILA just to be sure and then notarize it with the court.
The kicker would be a no spousal support clause and no child support for children that are not mine. Not sure if these two would fly though. Perhaps the spousal support would be okay because (I would think) we both have the right to give up our vested interest in the spousal support. Child support is a child's right and I don't think parents have the authority to give it up on the child's behalf.
I would get ILA just to be sure and then notarize it with the court.
arabian
New member
Best thing I did was go through a BINDING JDR. You might want to ask your lawyer about that. Was married 30 yrs but divorced within a year. Basically you sit in a conference room with a judge for a day and sort everything out. At the end of the you walk into the courtroom and the judge reads the order and grants the divorce. Kept costs down by avoiding a trial. My x takes me to court every year to try to get spousal support reduced but his income increases dramatically every year so he isn't successful.
My advice is to get a lawyer who takes your phone calls or returns your calls promptly and a lawyer who will communicate with you via email. If you get a lawyer who tries to keep the anger/contention at a boiling point then you don't have a good lawyer; someone who just wants to keep the fighting going to make money off of you. Beware of that. I was very fortunate to have a young respectable lawyer. If you have a slovenly, sleazy lawyer (my x retained a few of those types) the judges simply do not relate well to them.
My advice is to get a lawyer who takes your phone calls or returns your calls promptly and a lawyer who will communicate with you via email. If you get a lawyer who tries to keep the anger/contention at a boiling point then you don't have a good lawyer; someone who just wants to keep the fighting going to make money off of you. Beware of that. I was very fortunate to have a young respectable lawyer. If you have a slovenly, sleazy lawyer (my x retained a few of those types) the judges simply do not relate well to them.
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