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Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 98442
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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If you have a divorce finanlized and signed and its been a

Customer Question

If you have a divorce finanlized and signed and its been a few years can one of the parties make applicaton back to the court for more. Whether its money or assetts or time with children etc...
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

What province is this please?

Is there a separation agreement?

Did the divorce judgment deal with support, the children or assets? If it dealt with support was this spousal support and if so what exactly was ordered?

Customer: replied 1 year ago.
We are in ontario, there is a separation agreement filed with the court and the divorce judgement dealt with all issues. I am paying 100% of section 7 expenses for life and now her income is double mine. There was not spousal or child supports as we have them 50/50 as a joint and shared agreement. I actually have them 60 40
Expert:  Legal Ease replied 1 year ago.

So there have been many material changes in circumstances and much of what was in the agreement can be varied for this reason.

Child support can be varied whenever there is a change of circumstances and given her income has double that is a material change.

As well, as you have the children 60% of the time that is another material change.

So it is very clear you have a right to seek to vary the support (both the basic support which you a now entitled to as you have the kids 60% of the time and the section 7s.)

If the agreement provides a dispute mechanism then this must be followed. If not you would bring an application to vary by way of motion if this cannot be settled outside of court.

Customer: replied 1 year ago.
The issue is that she seems to think that at time of separation then divorce there were some hidden financial situations which I disclosed and even sent proof. Her income is stable and gauranteee. Mine is not. The last 3 years in particular they have been about 2/3s hers. I have not problem paying the section 7s. The issue is that she is seeking something in way of child support now as she's in a new relationship with 4 other children and she sees that her new partner has to pay out dollars every two weeks and she feels entitled to something from me. As she already receives payment from her first ex spouse. I just don't want any suprises if she hires a lawyer to come back for something that is not there. It's been fine for 4yrs all of a sudden she's asking questions. The whole point of us getting divorced was for it to be final and if I got the short end of the stick so be it. But now her thinking she gets more I have to protect myself.
Expert:  Legal Ease replied 1 year ago.

Divorce is final but issues relating to support are never final nor are any issues relating to the children.

So she can go to court for sure but if what you are saying is accurate she won't succeed as you didn't hide anything and her income is higher and you have the children 60% of the time.

Customer: replied 1 year ago.
I thank you for your response but I just wanted clarity if she could come back on me for anything financially related to us not the children. I don't want to pay for a lawyer to defend me. I just would like to state the facts and have her understand that it would be a losing battle
Expert:  Legal Ease replied 1 year ago.

If she can prove you misrepresented your financial situation she can seek to have the agreement set aside and to start over.

If that is not the case then the issues relating to asset division are done and she can only deal with support and the children.

Customer: replied 1 year ago.
I thank you for all your advice and information. This should give me enough peace of mind that what we did was correct. Thank you
Expert:  Legal Ease replied 1 year ago.

You are very welcome.

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