wife wont agree going to file a motion

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jjminiman

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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
 
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.
 
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
 
jjminiman said:
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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Assume you mean spousal support? One cannot waive child support as it isn't yours to waive, it is the right of the child.
 
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.
 
ya im trying to avoid spending 10k at lawyers on the other hand if im awarded her pension it will offset court costs
 
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.
 
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.
 
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
 
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
 
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."
 
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
 
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.
 
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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