deg20 Posted June 23, 2015 Share Posted June 23, 2015 In July of last year we both signed off on a separation agreement. In it we stated that she would not go after any child support now or in the future, and I would not touch her pension, now or in the future. Her terms and conditions, not mine. I still pay for the odd dinner and clothes for my stepson. I have offered to contribute more off the books, but she says "it's not your responsibility any more"...I've even offered to open a bank account in his name, and she doesn't want me to...like she doesn't want me involved in financial doings at all. Here's my worry. The house isn't selling. I'm no longer attached to it. At all. We are not divorced yet. She can proceed on that. I am not paying the 500.00. She can. Someone told me that the separation agreement can be altered if taken to court and one of the parties has a drastic financial change...as is her situation. Would the judge not ask for the price of the house to lowered so it can sell before any amendments can be made to the agreement? ...before she approaches me to begin paying support, which in turn I can retaliate with taking her pension. These are my step children...I would only be accountable for 2 of three...the 16 yr old and the daughter who is in college ( 21 ). the other lives on his own and is 19. She did not allow me to help with the kids' needs when we were married, despite my attempts, and I never received tax breaks as she claimed them...we filed separately each year even though we were married. Again, her choice. Is it likely she will take the offensive here, and does anyone think it will proceed and be successful if she does? I'm in Ontario, Canada. Link to post Share on other sites
Minnie09 Posted June 23, 2015 Share Posted June 23, 2015 SA can always be amended by the family court, if they think it's the right thing to do. I'm also not sure about the child support "waiver"......is that even legal? Was the SA notarized? Or just drafted between you guys? Link to post Share on other sites
d0nnivain Posted June 23, 2015 Share Posted June 23, 2015 Before you get all caught up in the legalities, have you thought about talking to her? Get an opinion from the realtor about the value of the house. Get some comps together & ask stbxw to agree to a price reduction. Very simple. Link to post Share on other sites
Author deg20 Posted June 23, 2015 Author Share Posted June 23, 2015 A lawyer signed it. It is notarized. Link to post Share on other sites
Author deg20 Posted June 23, 2015 Author Share Posted June 23, 2015 Before you get all caught up in the legalities, have you thought about talking to her? Get an opinion from the realtor about the value of the house. Get some comps together & ask stbxw to agree to a price reduction. Very simple. Yes on both...I am not on the house anymore yet she refuses to reduce the price...despite her agent's suggestion of doing so. It started at 360K, reduced to 338K, now standing at 330K...there is 258K owing on the mortgage. Houses in the area are asking between 249 and 289K...similar if not better so to speak... Link to post Share on other sites
d0nnivain Posted June 23, 2015 Share Posted June 23, 2015 A lawyer signed it. It is notarized. Yes on both...I am not on the house anymore yet she refuses to reduce the price Having a lawyer sign something doesn't make it binding. Having something notarized only means that neither of you can disclaim signing the document; notaries only help prove something was not a forgery. Until the PSA is part of an ORDER for divorce, it's subject to modification. Stop being penny wise & pound foolish. Pay the $500 to start the divorce process. Until you do, you are still married. If you are no longer the legal owner, you have limited standing to have an opinion about the price of the house or her selling it. What is your issue? Whatever it is, I suspect it will be more properly addressed once you are divorced. So file already. Just because she may be making a foolish mistake hanging on to it -- or refusing to sell if she is under water, that doesn't necessarily change your obligations under the PSA. It remains a contract but is more binding as part of the divorce. Link to post Share on other sites
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