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My spouse will not respond to my separation agreement.

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Anonymous Asked:

My spouse will not respond to my separation agreement. It is to set up my spousal support payments- I have been paying for 4 years and want a legal document so I can move on to divorce. What are my options

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Based on your question you may be having difficulties obtaining your spousal support deduction from CRA. If so, this is because you do not have a separation agreement or Court Order which provides for the payment of spousal support. Thus, it is important that you do have either a signed separation agreement or Court Order in your case.

If your spouse will not respond then you have two options. First, we can commence a Court Application. Once that has taken place your spouse will have no choice but to respond within 30 days. Second, in theory you could discontinue the spousal support payments as you are not technically required to make them if there is no signed agreement or Court Order. I wish to be clear that I am not recommending that you cease the payments. I would first need to speak with you and ask you questions, and likely my recommendation would be that we send a letter to your spouse (or her lawyer if she has one) advising that if she does not cooperate within a certain period of time that you will have no choice but to discontinue the payments. However, once again, until I have had an opportunity to speak with you this is not a recommendation in any manner, just one of the potential options that I may recommend after I have had an opportunity to speak with you, assuming that you telephone me.

I may be reached at 866-557-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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