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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I am still needing to pay my ex wife $5000 for last payment.

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Hello I am still needing to pay my ex wife $5000 for last payment. This was an agreement upon her finally signing off to give me a divorce that she wanted a number of years ago. I have paid everything else but this is the last payment. I have requested another extension. However, she is demanding for me to pay end of January or she will get her lawyer to begin paperwork to garnish and/or seize my bank accounts. Two weeks is not much of an extension.
I am wondering if there is any recourse I could take, should I file my own paperword to request the courts to give me an extension before she has a chance to try and seize? If so what type of papers and any other details possible.
Also I had received primary custody of my two boys years ago as she decided to move out of our town 12 hours away.
My oldest boy (age 17 this Feb) has always had behaviour issues, lack of respect and defiance. Within the last year he decided, after a big blow up with me laying down some rules such as no drinking alcohol, no talking back, stop getting kicked out of school, etc, that he no longer was going to live with me and went to live with his mother. She is now also demanding child support. Our agreement upon seperation/divorce was that I would not pay spousal support and she would not pay child support (since I was awarded both children). Basically what I would have to pay out in spousal support and what she would pay out in child support we agreed that it would just cancel each other out, hence no payments on either side.
Is there any recourse for me regarding child support at all since my oldest left on his own accord. I am having to respond to my ex's email demanding the above. Would it be reasonable to offer to pay $1000 end of January, then post dated cheques to cover the remaining. That in itself is quite difficult at this time but I will have to manage something.
I need some advice of how to handle the above and respond to ex's email and demands.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Is there an actual judgment or court order over this amount??Some more information please, thanks.

And yes all of this is negotiable, the payments and post dated checks are a fair offer to resolve without involving the courts.If you can do so it is to your advantage here.I t seems you are being reasonable and trying to resolve this amicably.

Customer: replied 9 months ago.
There is an agreement/court order. Although the first payment was not sent in on time and she, without me knowing, had garnished my bank account and took the full $7000 even though I was on disability. That amount was never sent back to me. The second payment I asked for an extension and was given about 6 months to pay which I did pay...this is the third and final payment and she is not giving an inch except 30 days and threatening to send paperwork to garnish again.
As for the child support she is now requesting....she never asked when my oldest moved in about a year ago and is now deciding she wants child support, he is 17 in Feb.
I am needing some direction of how to respond to the emails and demands.

Well child support arguably would be from present until age 18 or high school graduation.It is all negotiable.You can argue that she didn't pay you you shouldn't have to pay her here.

Send her your best offer, doesn't do any good to offer her more than you can pay.Tell her your circumstances, keep negotiating if you can, best you can do here.

Customer: replied 9 months ago.
basically there is nothing I can do or argue regarding anything...

Sure if she returns to court the court might stagger this.You are agreeing to pay overtime.This seems more than fair here.

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