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I live in Ontario. I have just moved into a home with my new…

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I live in Ontario. I...
I live in Ontario. I have just moved into a home with my new partner. My former spouse has hired a lawyer and now wants to have our separation agreement changed because of this. My partner and I have only been liveing together for a month but were dating for four years. Are there any grounds for needing to change my current agreement at this time?
Submitted: 8 years ago.Category: Canada Law
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6/21/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,981
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debra thal :

Is this about spousal support and the fact that he is alleging you are in a spousal relationship?

What does your agreement say about this and about variations, reviews and what constitutes a material change in circumstance?

Customer:

He is alleging that I am in a spousal relationship yes. The agreement does not state anything regarding variations or material change in circumstances. All the agreement states is that either party can apply to have the order changed after 1 year. This agreement has been in effect for three years come September.

debra thal :

Is this about spousal support?


 

Customer:

Yes, this is about spousal support. The current order requires he pay $1100 a month. There is no end date to the order. His lawyer suggests that I accept a $3500 lump sum payment and agree to no further payments.

debra thal :

His lawyer only cares about him though.

How long were you married for?

How long have you been getting this support for?

Did you get legal advice before signing this agreement?

Customer:

I was married for 20 years and have been receiving this support for 3 years. I did have legal representation at that time.

debra thal :

During that time did you work or did you stay home?

If you stayed home was it to care for kids?

If you worked was there a discrepancy in your incomes?

Did your lawyer explain how long marriages are treated?

Is your former spouse alleging your new partner is supporting you so you don't need support?

Customer:

Most of the time I stayed home to care for our three children. One of them is mentally challenged after suffering a coma from leukemia complications 15 years ago. When I did work there was a large discrepency in our incomes. I don't believe that my lawyer explained how long marriages are treated. I don't believe that he did a very good job to be honest. Yes, my former spouse says I no longer need his help because I am living with my new partner.

Customer:

My former spouse is also paying child support for my youngest child, currently in college, and only for one more year. That amount is $760 monthly. My son will graduate next year and he will be 22 and the child support will end. I have one last question: If I write back to his lawyer and say I am not accepting their offer they will likely apply for a court date. What happens if I go myself because I cannot afford a lawyer?

debra thal :

You can self represent.

I would suggest first getting some advice for free from the lawyer referral service.

Also, let me know your city and I can provide you with some resources where you can get some assistance if you are self-representing.

Customer:

I live in Stouffville, Ontario.

debra thal :

What is the closest larger city? Is it Barrie?

Customer:

The closest larger city would be Markham or Toronto. You have been very helpful and I very much appreciate it. Thank you.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,981
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Lawyer: Debra, Lawyer replied 8 years ago
Here is a link to the Family Law Information Centres in Ontario. You can make an appointment with a staff member at the closest one. They are there to help self-representing parties:

http://www.attorneygeneral.jus.gov.on.ca/english/family/infoctr_locations.asp

You are very welcome.
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