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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99493
Experience:  Lawyer
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Thank you. I am on CPP disability and my e started giving

Customer Question

thank you. I am on CPP disability and my e started giving support 1 1/2 yrs ago due to a separation agreement. He wants me to write a letter stating how much he gave me (his numbers are exaggerated) because revenue is holding back money. He can write it off. 1. I'm afraid i will lose my Cpp except I will claim it regardless. 2. Why is it my responsibility to provide this letter. he has involved our daughter who he's asked for me to accept $400 a month instead. He has the house with the pool, hot tub, ravine, business i built )he padlocked the office door)., and he won't write another chi until i do this. What should I do. The legal agreement clearly does not say this is my responsibility.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Hamilton, Ontario. Thank you.
JA: Has anything been filed or reported?
Customer: just the legal separation stating he is to deposit $800 a month in my acct. I have to drive to burlington and pick up a chq at the house though whenever he has the money. I'm afraid to do this. If he wrote chess, why is he not dealing with his bank. It seems fishy.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has involved our daughter who he's had ask me to take $400 a month. He shouldn't involve our children. My son's not talking to me now.
Submitted: 10 days ago.
Category: Canada Law
Expert:  Debra replied 10 days ago.

I am sorry to hear this.

If you spouse breaches the separation agreement the solution it not actually that difficult. So don't be afraid of his bullying tactics. And it is vital that you are always honest and never write a letter for him with numbers that are not fully accurate.

He can use the Separation Agreement to prove what support his is to pay. He can write off this amount as a reduction from his income. You have to declare the same amount and pay tax on it. If the numbers do not match the CRA will audit both of you. It does not hurt you to write the letter as it is going to set out the truth only.

He may have been asked for it by the CRA as that is not at all uncommon.

If he breaches the agreement you simply seek to enforce it through the court.

And the reason why I say simply and that is not difficult is because there is nothing to fight about. The court takes the agreement essentially turns it into an order. Then you register this order with the Family Responsibility Office and then the support will go through them. If he doesn't pay them exactly what the order says each month they will garnish his wages, seize bank accounts, can seize assets and will suspend his licence and passport.

Here is a link to some information that will help you:

http://familycourt.cleo.on.ca/en/file-your-separation-agreement-court

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 10 days ago.
this is exactly what i was going to do yesterday except I left my computer at home with the agreement saved on it. copy the agreement with his initials and mine stating that he didn't start paying me in 2015 until Sept. how much per month and so one. You did not comment on him using our children. He has always been abusive and he still is. (i.e. He has cut off my life insurance which was i the agreement as well.) Can I file a complaint that he is still threatening me? Even making the copies goes above and beyond what you've advised. I was homeless for four years.
Expert:  Debra replied 10 days ago.

There is nothing you can do about him using the children. It is poor parenting but would only come into play if there was a custody battle.

When the agreement is filed with the court you can enforce it.

So you can bring a motion to the court to compel him to put the life insurance in place and for a finding of contempt if he breaches the order.

The threats he is making are examples of extortion so you can report this to the police.

Customer: replied 10 days ago.
Thank you very much for your help Debra. I feel better.
Expert:  Debra replied 10 days ago.

You are very welcome and I will be here for you if you need me. I am very happy to support you from this end.

For now please rate me before you leave the site so that I can receive credit for my work.

Thanks and enjoy your weekend.

Customer: replied 9 days ago.

I am fine and have made my decision as to what I am going to do. I created four businesses for him and he padlocked the store and stole the records i had of him working under the table. He also refused to get a lawyer and I was homeless for four years. He has broken the separation agreement ( 1 1/2 yrs old) by cancelling my life insurance....... and is threatening me as he always did during our marriage. I am sorry. However, I am not doing anything else for this man. He is obviously up to something if he cannot provide he government with his own records when he writes me a check, not according to the agreement, it's supposed to deposited by void cheque. It is no longer my responsibility to do work for him.

Expert:  Debra replied 9 days ago.

Good for you. I agree.

And you are right. He is clearly trying to pull a fast one here and using you as a tool to do so.

Please do keep me posted but also please rate me now.

Thanks

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