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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 just received papers from my ex''s lawyer to waive my

Customer Question

I just received papers from my ex''s lawyer to waive my right to receive spousal maintenance. He never produced his income tax for three years/ based it on $90,000. We are joint guardians of 4 children. We been separated since March 29/09. He hasn't seen them since he left. I have primary residence of my children. He is to call daily at 5pm if he wants- he has access to them, as long as he gives 2 weeks notice. We shall equalize out CPP. Devide our private pension. Uncontested divorce. It will be 7 years this March.. Is this a good deal? And how does it work that he never made any attempt to see the kids in 7years- I wanted soul custody!?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Sole custody is a different issue than spousal support.

So please clarify what your exact question is.

Are you asking about whether you can get an order for sole custody or about spousal support?

Customer: replied 1 year ago.
Spousal support.. I want answer to everything. For all of his conditions. He already said no to spousal support.
Expert:  Debra replied 1 year ago.

I will deal with spousal support here.

If you want to discuss custody and access you will have to start a new post.

I have a few questions.

How long were you married for? Did you live together first and if so for how long?

During the marriage was his income higher than yours?

Has he not paid any spousal support for the past 7 years?

Customer: replied 1 year ago.
He moved in with me may 02/2001. We were married may 23/2004. His income was higher than mine. I stopped working on July 0/05 when our twins were born. We have a court order- $2033.00 on the 15 of each month, based on his income of $90,000. He never produced his taxes- which the court said he had too. He has paid child support, I have to remind him all the time to send 6 post dated cheques. He has been late up to a month. Yes, he is current with his support.
Expert:  Debra replied 1 year ago.

Is the support that he's paying just child-support?