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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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In my original spousal payment (About 5 years ago)

Customer Question

In my original spousal payment (About 5 years ago) there was a clause that stated that there would be an adjustment in payments when she started commenced to receive her OAS. Assuming to receive a reduction, I need to pay her more. I do not believe that an increase in her income also means an increase in my payments.
The present day SSag were used to calculate this.
In my opinion , the intent of the original agreement was to decrease the payments.
Instead it seems as if the agreement is being renegotiated in present day terms rather than the terms that were first agreed upon. It seem as if the original agreement is being thrown out.
I am told that the present SSAG is the one used and that my view, which I believe to be just and in accordance with the the original intent , has no bearing other than there will be an adjustment.
I am confused . My lawyer says to pay but this is , again, in my opinion, not just.
If I proceed to court, I am told that I will need to pay and also pay costs.
How do I proceed?
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.
What does the agreement say about grounds for variation or review? Does the agreement list what may be considered to be a material change in circumstance? Are you saying that your former spouse is stating that there are now grounds to vary the support because their income has actually gone up? What province is this, please?
Expert:  Legal Ease replied 7 months ago.
Your question came back onto my open list. That usually means that you have replied. If you did reply then please try again and the reply does not show.
Expert:  Legal Ease replied 7 months ago.
Your question came back onto my open list. That usually means that you have replied. If you did reply then please try again and the reply does not show.
Expert:  Legal Ease replied 7 months ago.
I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.I can only assist you by posting up and back over this site.

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