Canada Family Law

Have a Canadian family law question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

I have been involved in a divorce granted May 2010. Via a…

Customer Question
I have been involved...

I have been involved in a divorce granted May 2010. Via a \Divorce Judgment/ Corollarly relief order, without oral evidence. My problem is that I do not recall signing any agreement with respect to the matrimonial property. Insurance policies, money for kids schooling, house selling, company/other investments, etc. My former spouse applied to the Maintenance Enforcement Act and I am still paying even though my child is 19 and going to college. Shortly after the divorce, I was forced into bankruptcy due to the stress and allegations of my former spouse. This created a hardship where my name was slandered and I could no longer rely on it for business opportunities. I have just recently come to my senses and am know ready to fight. My spouse took everything and has not disclosed, nor have I, any financial disclosure. I'm not sure if I can still go after them for duress or even compensation. Can u please advise.

Lawyer's Assistant: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?

No. Im just looking at my documents. I don't even have them in order. My spouse at one time had four lawyers going and I found it very difficult to keep up.

Lawyer's Assistant: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else important you think the Family Lawyer should know?

Due to my circumstances, being forced into bankruptcy, I was unable to continue using my lawyer, as payment was impossible. In an affidavit my spouse said I was addicted to certain things. Discovery proceedings were stopped on Apr 2009 and I have just recently gotten the Divorce Judgment and corollary relief order. Which only dealt with the children and support of them. I believe this started with an order dated Oct 30/08. Many times I have been in arrears of payment. There were many requests for settlement proposals, but I do not remeber settling for any of them. I did receive payment of $75,000 for the sale of the matrimonial home which sold for $650,000. The payment for support came out of our businesses we jointly owned. Based on a order dated Oct 30/08 I was required to pay child support to them in the amount of $1,220. and spousal support of $2,000 per month both commencing on July 1, 2008. According to the Divorce Judgment and Corollary Relief Order dated May/10, all arrears of child support maintenance accumulated up to Dec/09 should be cancelled. Unsure, if this was done, don't think so. Commencing Jan/10 I should pay $719 per month, which I did. Support to be adjusted July 1 with financial disclosure updated. I have not done that, but am now prepared to file any outstanding tax returns, etc. That each party should disclose to the other party their updated financial disclosure to the other party. This has never been done. I am in the process of trying to obtain all orders and motions filed with the courts, ie statement of claim, any other orders as I was mentally uncapable of doing so earlier. I feel I have signed things under duress, have not had full financial disclosure revealed to me at any time, and have definetely not received my share of the matrimonial property. I believe my spouse has lied about assets and other information. I am at a loss as to what my rights are. Since this divorce happened a long time ago and they have since re-married.

Submitted: 2 years ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 4 hours by:
3/3/2016
Family Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Canada Family Law
Satisfied Customers: 124,339
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If this happened in 2010 and there was a court judgment on this matter, I am afraid there was nothing for you to sign. If there was a court order, you had 30 days to file an appeal of the decision of the court in 2010. If you did not file an appeal, then the only thing you can do is file a motion to modify your support payments (spousal support and child support).
In order to file a motion to modify the order, you have to prove that since the order was issued your situation has significantly changed and as such you have a right to ask the court to review the support based on your current situation and modify it based on that current situation. So, if you have your financial statements proving your significantly changed financial situation, you need to file a motion to modify and explain the situation and you need to ask the court to terminate child support and terminate or reduce spousal support.
Ask Your Own Canada Family Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Canada Family Law
Satisfied Customers: 124,339
124,339 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

4,914 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

234 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
I have full custody and gardianship witch i was awarded
I have full custody and gardianship witch i was awarded because my sons father didnt even reply of show up in court and I was wondring the steps I would Have to go through to move with in the same pro… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
Im a 67 year old male that has be emotionally and now
hello Pearl, Im a 67 year old male that has be emotionally and now physically abused by 2 son and 1 daughter in law. I have real bad comunication problems with world unless I drive. I called 911 and p… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
Any family law lawyers that are pro bono o. I ha e a
I ha e a extremely difficult situation...yes papers have been … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
I'm asking on the behalf of my boyfriend. His son is 4 years
Hello, I'm asking on the behalf of my boyfriend. His son is 4 years old and he and his ex have no official custody arrangement. Their relationship is not at it's best and he wishes to start the proces… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
My girlfriend and I are applying for legal guardianship of
Hello my girlfriend and I are applying for legal guardianship of my foster sons sisters kid in which I have been a huge part of his family for twenty years now. Three months ago we took in all four ki… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
How can I report domestic violence. My partner abused me
Hi how can I report domestic violence . My partner abused me physically and psychologically in the past and to date he is using and abusing me he is controlling my life and pretending he is saving me … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
I am superintendent who is involved in separation from my
Hi -- I am superintendent who is involved in separation from my wife. She has made many threats to have me removed by police and court etc. She has been with her Mom since March 16th and comes and goe… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
In manitoba if your husband leaves and 2 weeks later you
in manitoba if your husband leaves and 2 weeks later you find out you pregnant. The husband has not worked more than 5 months in the last 5 years and you dont expect child support. Do you legally have… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
My brother Moved from Ontario to Newfoundland at first he
My brother Moved from Ontario to Newfoundland at first he was working doing well and we can use child-support then he lost his job and had some medical issues so he's income got reduced they were stil… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
I am in the process of taking my ex to court for non payment
I am in the process of taking my ex to court for non payment of child support x 10 years. My court order is dated March 2008, and has been active with Fro since that time.Fro states they are unable to… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,169 satisfied customers
My ex-husband is threatening to reduce monthly child support
Hello, my ex-husband is threatening to reduce monthly child support by half. What should I do? … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
I am going through a divorce and we are figuring out what to
Hey there. So I am going through a divorce and we are figuring out what to do with our house. When we bought it I put a significant more amount of money down on the house and have been paying the biwe… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
I am seperated from my husband he has been paying spousal
I am seperated from my husband he has been paying spousal support for four year with no agreement in place. I have the home which i would like to keep. Is it legal if a pay the market rate and buy him… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
My boyfriend consented to allow his ex to have primary care
Hello,My boyfriend consented to allow his ex to have primary care of their then 5 year old son due to his living situation changing and his son starting school.We have now moved back in together and t… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
I have a separation agreement completed through mediation,
I have a separation agreement completed through mediation, signed and witnessed. I am wondering if I could email this document to your services, to assist in the completion of these forms. … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,169 satisfied customers
My ex is going for custody of my 2 kids and gaurdianship and
Hello my ex is going for custody of my 2 kids and gaurdianship and has called police on me and they said there is no concerns of child safety and mcfd twice once in 2015 and 2018 and the 2015 one I ha… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,748 satisfied customers
My ex lost gaurdianship 7 years ago. And wanting to go back
My ex lost gaurdianship 7 years ago. And wanting to go back to court for child support … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
In British Columbia family law when u are filing for child
In British Columbia family law when u are filing for child support do you need to complete s financial statement if you are requesting child support be paid to you for your children … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,914 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x