Date: 2018-03-06 07:43
My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are disagreements (there is conflict resolution process for it). How can I enforce the separation agreement?
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First, there really is no such thing as filing for ‘ legal separation’ in Canada. You are legally separated as soon as you and your spouse are ‘living separate and apart’. However, the term ‘legal separation’ is commonly used to describe the contract that is created between two spouses at the time of their separation.
Lastly, being separated from your spouse does not always mean that you must be living at separate addresses. Being separated means that you and your spouse must be living separate lives. From the courts perspective living at separate address is the easiest way to prove this. In the event that separate addresses are not possible (due to finances, children, etc.) you may reside at the same address as your spouse, and still be separated. In this type of situation the court will require that the couple prove that while they were dwelling at the same address they no longer lived as a couple. This can be complicated and usually requires legal representation.
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My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?
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