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Separation agreement hardship

Anonymous Asked:

My ex-wife has asked me to provide her with more money to cover our extracurricular activities for our son. Our separation agreement clearly states that we are to split extra curriculars and educational cost 50-50. Due to her now low income she claims that I am to pay more than half. She has remarried and we have been divorced for ten years. Should I be concerned she has a leg to stand on? She has sole custody of our son.

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Andrew J. Kania, LL.B., LL.M.
10 years ago

Answer: You have mentioned that you have a Separation Agreement. In order to be responsible, I need to review it prior to providing you with a specific answer. As a general comment, I will note that Section 7 special and extraordinary expenses must be reasonable, and on the assumption that they are, they are to be shared proportionally based on the parties’ incomes. It is possible to change the wording of a Separation Agreement although I cannot comment about whether that would apply in your case without first reviewing the Separation Agreement and then speaking with you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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