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Law.Hut, Lawyer
Category: Canada Law
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I have a seperation agreement where my ex husband is suppose

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I have a seperation agreement where my ex husband is suppose to pay 60% of education fees my son has just finished college and he hasn't paid a thing he is also now on disability he recieves a pension from cpp do you think it would be best for me to take him to court or would it cost me more then Ill get back


Your ex is the one on CPP disability? Or your son?
Customer: replied 4 years ago.

my ex

Customer: replied 4 years ago.

yes my ex is the one

Then it is possibly a waste of time to pursue. A court would not require him to pay 60 per cent of education expenses if he was on disability. They would base the amount of support on a proportionate amount of your income to his. So if he made less than you, you would be required to pay the majority of school expenses. A child support agreement is always subject to being overridden by a court and the court can determine the fair amount of support payable based on the Federal Child Support Guidelines..

If at the time your son was going to school the husband's income was higher and he only recently went on disability, then you could succeed in getting a court order for the retroactive amounts...but how could that be enforced? If he has only very limited income from disability then there may be little ability to force payment on him. One option could be if he owns some valuable assets or property that could be seized to pay a judgement. But if he does not have such property, then it would be unlikely to get any payment through his income. And If he has qualified for CPP disability, he has proven to the federal,government that he is not payable of holding any form of employment at all, and that situation is not likely to change.

A lawyer would not be mandatory for such court applications, by if you choose to use one the cost could easily be $5000, and considerably more if a full trial had to take place.

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