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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97952
Experience:  Lawyer
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Can I reopen a separation agreement? My spouse retained a

Customer Question

Can I reopen a separation agreement? My spouse retained a lawyer and served it to me two weeks after I left. I received poor legal advice and signed an agreement that was not fair and I cannot afford to pay for 3000.00 in "extracurricular activities" like dance and swim lessons. The agreement puts no limits on what she can do and I need it amended. Can I do that?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ontario Canada
JA: Has anything been filed or reported?
Customer: The original agreement was filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Canada Law
Expert:  Debra replied 4 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 4 months ago.

I am sorry to hear this.

When did you sign the agreement?

Has your financial situation changed at all?

Are you paying a certain percentage of the special expenses based on both your incomes?

Has she increase the lesson since the agreement was signed?

Customer: replied 4 months ago.
The agreement was signed in March 2014. I was paying 80 percent of expenses but am now paying 60%. I've heard nothing about any extra expenses until I received an order from FRO with receipts attached. She claimed I was in arrears 2600.00 for Section 7 expenses. How can I be in arrears for 8 months worth of expenses I knew NOTHING about?Yes the dance lessons and gym memberships and other lessons have increased. She's also insisting I pay 60% of 20.00, 75.00, etc...
I've asked for more access to my kids but she refuses because she isn't "comfortable" with them spending more time with me.
I'm at my wits' end but have no idea what to do..
Expert:  Debra replied 4 months ago.

I understand.

It is not about re-opening the agreement.

You can apply to vary the provisions of the agreement based on a material change of circumstance.

For the access the change is the passage of time. The children are older and old enough to see you more. It has nothing to do with her comfort level.

For the special expenses that changes are both that the agreement isn't working in that she reported to FRO when you didn't even hear about the expenses and also she is increasing the expenses materially and it seems or income is lower or hers is higher because the percentage has changed.

You would bring a motion to change.

Here is a link to the information you will need:

http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/guide1/FLR-A-SG-15-1EN-rev0610.pdf

http://yourlegalrights.on.ca/common-question-plus/family-law/how-do-i-bring-motion-to-change-court-order-child-custody-access-or-parenting

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 months ago.
It does. Thank you!
Expert:  Debra replied 4 months ago.

You are very welcome.

Please keep my name and if you find you need some more help you can put my name into your next question. It is Legal Ease.

Expert:  Debra replied 4 months ago.

Is there anything more I can help you with at this point in time?

Expert:  Debra replied 3 months ago.

I was just looking at this question and saw that you had other posts as well.

I wanted to point out that your first family law question was put on the US family law list in error. The expert who answered it was in the US and the answer does not at a all reflect our laws.

If you want to go ahead with that answer let me know and I will ask the site to move it over. But, I also noticed that you've not rated this post or the other one where I helped you recently. I will not be able to deal with that first family law question without being rated for my own two answers first. I know you have a subscription but the experts do not get paid if the customer does not rate the answer.

Thanks

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