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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I have a separation agreement with my ex wife. Payment was

Customer Question

I have a separation agreement with my ex wife.
Payment was for $2,600 per month
I made all payments to March 2015 - since 2004.
I was terminated from my employment of 15 years in July 2014 and was only able to work part time from July 2014 to March 2015.
I have not bee able to make the spousal payments since March and now have an order against me, a charge and a block against our apartment (Jointly held with my wife).
I want to go for a revision order and get rid of the charges against our apartment and the block against any sale in the future.
Is that possible?
Wayne Drury
Submitted: 2 years ago.
Category: Canada Law
Expert:  Tom B. replied 2 years ago.
HelloI see you live in BC. Is this where you were divorced? Is FMEP getting these orders against you?
Customer: replied 2 years ago.
Yes, I live in BC and yes, fmep is getting the orders against me..
Customer: replied 2 years ago.
Terminated in July 2014.
Worked October, Nov. Dec and 2 wks in January 2015. Previous order was based on a salary of $110,000 per year.
Salary 2014 - $85,000
Salary 2015 - Anticipated $45,000
I want to go for a revision order to reduce the spousal payment of $2,600 per month...
No children involved.
Ex wife was supposed to find work - she has not done much since the off of me..
Expert:  Tom B. replied 2 years ago.
Was the separation filed in a court? If so where?
Customer: replied 2 years ago.
yes, in vancouver
Expert:  Tom B. replied 2 years ago.
Thank you for the request for a phone call. Alas, this service does not meet the ethical requirements that the Law Society places on me. I may receive a gratuity for giving general advice but am not allowed to accept a fee for a service from anyone other than a client directly or another lawyer so I am not allowed to offer additional services of any type. If someone chooses to gift me because of a general answer that is fine. Because the agreement is filed, you must apply to that court to have an abrogation of arrears. Frankly, this should have happened as soon as you knew circumstances had changed. It is the change in circumstances that gets a person a foot in the door. FMEP just collects and cannot change their marching orders. Only you can. Under section 164 of the Family Law Act, a court may alter an agreement if the situation of a spouse has changed. Here is the statute..... is my opinion that the Provincial Court can alter this agreement even if it was filed in Supreme Court. That is the easier journey especially if you will be doing it yourself. Often agreements are just filed in Provincial Court for ease. Is that the case?

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