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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Canada Family Law
Satisfied Customers: 118722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been involved in a divorce granted May 2010. Via a

Customer Question

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.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: 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.
JA: 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?
Customer: 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.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
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.