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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85401
Experience:  Lawyer
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We are in the middle of trying to amend an existing separation

Customer Question

We are in the middle of trying to amend an existing separation agreement - where custody will change to be borderline 60% with me(the month), and 40% with their father. HE is refusing to agree to pay child support. Can I drop this matter for now, in order to sign off on everything else, and then go back and ask for Child Support at a later date - say in one year?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

That would not be prudent.

It may not be hard to get child support later on as it's the right of the child.

But if he takes the position that he was essentially induced to settle based on the fact that he would not be paying child support he may be able to have the agreement dealing with other issues set aside.

So I suggest that you do not settle this way. It is very risky.

Let me know if you need any further clarification.
Customer: replied 11 months ago.

I am not getting a response to my reply. Did you see them?

Expert:  Legal Ease replied 11 months ago.
I don't see any reply to my answer aside from your message asking if I saw your replies so please try again.
Customer: replied 11 months ago.

His original court application asked for 3 weekends in 4, Fri, Sat, Sun nights and one Wed night, per month, and have the school holidays - of which there are 16 weeks. This equates to roughly 40%. His application mentions nothing about child support, so I were to just accept it as it is, can I not reintroduce child support later, for my children?

Expert:  Legal Ease replied 11 months ago.
Yes you can.

It may work.

If this is only about time and not money it may not be as hard to seek support later on.
Customer: replied 11 months ago.

Thank you - and one more question. Will a judge actually count the nights when determining 40% for the father? Or will the judge see primary residence during term time, ie school terms with mom, and half holidays with dad as good enough to be 40%?

Expert:  Legal Ease replied 11 months ago.
If it is close the court will count days and nights.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85401
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 11 months ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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