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skdad

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I am relatively new here, & looking for legal advice on Saskatchewan common law seperation issues. Is it worth asking a question online or should I just go seek local professional legal advice?
Asking some questions online might let me know what info I would need if I do decide to consult a lawyer.

Thanks
 
skdad said:
Is it worth asking a question online or should I just go seek local professional legal advice?
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It depends on what your question is. First I'd recommending doing a search to see if there is any information similiar to your question/situation.

This forum has been an incredible source of information for me, sometimes it has drastically changed my original thoughts and changed my intentions (good thing).

What have you got to lose ?
 
I am not sure how to post in the right area. I have questions on alimony. I have heard that because I never had her listed on the title that she has no interest in the house we lived in. I am currently paying child support, but when she originally left I had offered to finance a lump sum down payment on their house in lieu of child support. This would be a 10% down payment, which would equate to about 4 years of child support payments. I am not sure if this is the best way to do this. I was also considering making this payment in my sons name, & she would be able to use this as a down payment on their house provided that he was lited on the title as co-owner.
 
My gut reaction is to scream STOP! and encourage you to do some hefty research before you travel that road. Lumps sums are treated weirdly in family law and I'd hate to see you do this and then end up being dragged through the system for CS (or non-payment therof).

Be very careful :confused:

Cheers!

Gary
 
Thanks for your input. Thats my problem. I don't know what my legal resonsibilities are. I don't want to give any more than I have to. She hasn't asked for anything from the house, but she never contributed to any of the mortgage payments, down payments, heating or power. Her portion was the phone bill, & the water which would have averaged about $150/month, & about 70% of groceries, while I was making the mortgage payments of about $850.00 / mth including property taxes + about 225/mth in heating & power. When filing our income taxes we each claimed as single, filing on our own, so I never realized any tax gains through the relationship, & just paid my income tax, while she always got refunds.
 
Agreed completely with Gary ! I know a few people who did lump sums, and are now screwed because their ex has gone back after them and they are having to go back to court now for additional support.
 
You can't pay a lump sum to escape from child support. Even if you and the ex signed it, it's contrary to family law and the other party would always have the option to come after you for monthly child support at any point. You would potentially be on the hook for arrears as well.

You can sometimes settle spousal support by lump sum, but it's rarely a good idea. Monthly spousal support is tax deductible to you while a lump payments are not. And again, you run the risk of future litigation for monthly support though it is less likely to succeed than for CS.

It's rarely a good idea to give lump sums of money to people in divorce also because it gives them fuel to feed their lawyers, and you can fund your own destruction this way in some cases.

Everyone is tempted at one point or another to pay lump sums to "get it over with" but in reality it doesn't work, it's better to go with the standard model for support to cover your butt legally.
 
So then what is the difference between having a home appraisal done, having all the assets valued, & subtracting what is owed to personal debt by each party, then one party buying the others share out? I am also paying child support on top of this as per the federal payment schedule, based on my salary.

I have decided to make the 10% down payment on her house, since she hasn't got any RRSP's to withdraw from & very little financial help from her family. I told her I would also pay for the home inspection & lawyers fee's.
 
She has also asked that I sign a document stating that the 10% down payment is a gift. I don't think of it as a gift, but rather as a separation agreement settlement. I would like to make the cheque payable to the realtor, or the lawyers completing the purchase contract. She is insisting that the bank need to see the monies going into, & out of her personal account. I don't think that is in her best interest either, as it may be considered as taxable income. I would like to make this payment directly to the 10% down payment.
 
Gary M said:
My gut reaction is to scream STOP! and encourage you to do some hefty research before you travel that road. Lumps sums are treated weirdly in family law and I'd hate to see you do this and then end up being dragged through the system for CS (or non-payment therof).

Be very careful :confused:

Cheers!

Gary
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Agree whole-heartily with Gary ..... I know that when it comes to sep/div we want to sever ties with the other party but when their are kids involved it just isn't going to happen. You are stuck dealing with your ex until your child is likely 24 yrs old or older!

DO NOT assume that your "lump-sum" payment to bio-mom negates your from __# of years CS because CS is the right of the CHILD, not the other parent and it can/will come back to bite you in the ass no matter what you sign!
 
I am still paying CS, but also want to pay 10% down payment

I am still paying CS, but also want to pay 10% down payment

If you haven't read my last posts, I am going to continue to pay the child support, but want to help put a roof over their head as well. With me giving her the down payment, it will allow her to build some equity into her own home sooner because she will not have to go through CMHC financing.
 
I think it's really great that, for the sake of your child to live in a good home, you are willing to help your ex buy her house after your separation. Others are right to say it's not a gift though. It's part of the separation agreement, in lieu of her getting half the furniture or something, and that way should the agreement end up back in court, you can show that you have already paid her a significant amount and she doesn't need more. Unfortunately, there are many many ways for her to take advantage of this, and it's not going to be easy for you to make it iron clad.

As others have stated, you cannot pay CS 'ahead' in a lump sum like this. Paying SS in a lump sum is also ill-advised. Should she manage her money poorly and lose the house, she can always take you back to court to get that monthly CS amount out of you. Heck, she could turn around and SELL the house a month after she closes on it, get all your money back in cash, and blow it all on herself. I'm really not sure what to suggest so that your child is guaranteed to benefit from it, as you are no doubt hoping.

But unlike asking a lawyer for advice, there are a lot of people here to brainstorm more ideas for you, and it's free!
 
I would not sign anything saying it is a gift...I would have her sign something saying it is part of the equalization... signing it off as a gift is allowing her to come back on you for more equalization... If she wants the money to go into her account and out, whatever...let her do it...as long as you have something signed by both of you stating that it is part of the equalization. If she decides to go blow the money rather than buy a house, tough luck for her...sad situation for your child, but I would see it, as if you don't actually give her the money, it isn't really her money
 
RE: separation settlement agreement

I am offering a payment of $XX,XXX.00 by XXXXXXXXXXX Canadian Dollar Draft # XXXXXX dated XX/XX/XXXX to XXXXXXXXXXXX as a Separation Agreement Settlement/ Equalization Payment.

It is intended to be put towards a down payment on the financing/ mortgage of a home property she intends to purchase, but she is free to use it as she wishes.

I have also agreed to pay the costs of the Home Inspection Fees, & the Lawyers Fees involved in the purchase of this property.

I have no further interest in this money after she accepts it, & I do not intend for her to repay it. I have no interest in her property, as she has no further interest in my property.

This payment will not affect any child support payments that I am currently providing, & I will continue to make biweekly payments based on my yearly salary & in accordance with Justice Canada Child Support Online Lookup.


We have been Separated since XX/XX/XXXX


Please accept this payment in accordance & agreement to the above statements.
Signed this day in the presence of a Notary Public or Commissioner for Oaths in & for the Province of Saskatchewan.

NAME/ SIGNATURE/ DATE/ WITNESS PRINT/ SIGNATURE

__________________________________________________________________________________________


____________________________________________________________________________________________


I have drawn this agreement up without consulting any legal advice & understanding that we can settle any disputes fairly and between the two of us.

Thank you
 
It is intended to be put towards a down payment on the financing/ mortgage of a home property she intends to purchase, but she is free to use it as she wishes.

I have no further interest in this money after she accepts it, & I do not intend for her to repay it.
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Holy alarm bells. I wouldn't sign that thing at all (well, I might if I was her).

I'm confused. Basically that's just a contract handing her over a sum of money...and if you wanted to do that, you don't need a document.

It protects you from nothing and she could easily use it in court to say that you just gifted her a bunch of money that she was free to do whatever she wanted with. If you want to just hand someone a pile of cash, you can do that without her signing anything.

Hey, are you single?
 
What else do you recomend I do, we are both being civil about it, & I want to avoid the lawyers as much as possible.

She knows she needs this money to finance this house, & we have come to an agreement. This is the reason I have wrote up this document, as evidence that the money was paid to her as part of an equalization payment, not as a gift.

The bank draft is already sitting at the lawyers office that she is using in the home purchase.

How does everyone else pay an equalization payment
 
skdad said:
What else do you recomend I do, we are both being civil about it, & I want to avoid the lawyers as much as possible.
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This is the problem. The more you try and avoid lawyers, the more you need them. Just because everything is civil now, doesn't mean it won't change.

You need a lawyer for your protection.

If you do your research before you see a lawyer, it should help keep your costs down. If you take this example to a lawyer, you will most likely pay more legal fees than you had expected.
 
This is the reason I have wrote up this document, as evidence that the money was paid to her as part of an equalization payment, not as a gift.
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I wouldn't necessarily hire a lawyer to deal with your complete separation...but I would ask for help for one to help you draft this contract up. It should take less than 1 billing hour and is well worth the effort. You can even arrange one together that you both agree on so you can sit together to do it. The wording on this contract worries me a bit....but I'm not a lawyer..maybe its sufficient but I'd check on it before I signed it.
 
Pursuinghappiness said:
I wouldn't necessarily hire a lawyer to deal with your complete separation...but I would ask for help for one to help you draft this contract up. It should take less than 1 billing hour and is well worth the effort. You can even arrange one together that you both agree on so you can sit together to do it. The wording on this contract worries me a bit....but I'm not a lawyer..maybe its sufficient but I'd check on it before I signed it.
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I wouldn't use the same lawyer. You both need independent legal advice.

Do your homework before you see a lawyer, take their advice into consideration, be aware of contentious points, and understand that when all is said and done it is your separation agreement, not the lawyers. They will point out everything that is wrong, and tell you how it should be fixed, this all costs money.
 
I think you need to bar her from coming back for any further property division or SS, and your draft doesn't really seem to do that. She WILL need to review and sign with her lawyer. You probably should too! - but I'd go more along this line: (I might have to cut/paste into several posts)


FULL AND FINAL RELEASE

In consideration of the payment of the sum of $ to Wife, the sufficiency of which is hereby acknowledged, the parties hereto hereby remise, release and forever discharge each other from all claims and demands whatsoever which they may now have, ever had or hereafter can, shall or may have for or by reason of any cause, matter or thing whatsoever existing to the present time and, without limiting the generality of the foregoing,

1. Of and from all claims and demands of every nature and kind in any way related to or arising from any rights to and interest in property owned by the other which he or she has or may acquire under the laws of any jurisdiction, and in particular the Family Law Act, including all rights to and interest in:
i. ownership in property;
ii. possession of property;
iii. compensation by payment of an amount of money, or by an award of a share of property for contribution of any kind, either direct or indirect, made to property;
iv. beneficial ownership of property where one party is alleged to hold property for the other party as trustee on a resulting, implied or constructive trust;
v. division of property; and
vi. an equalization payment pursuant to the Family Law Act.
 
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