Alberta family law help? Separated spouse has sent me a couple letters. I need to respond to one. My questions are

Expert's Assistant chat
Customer: Alberta family law help?
JA: Have you talked to an Alberta lawyer about this?
Customer: No.
JA: What steps have been taken so far?
Customer: Separated spouse has sent me a couple letters. I need to respond to one.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No... my questions are somewhat generic.
Answered by Legal Ease in 4 hours 1 year ago
imglogo
Legal Ease
10+ years of experience
logo

168230 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Legal Ease
10+ years of experience
logo

168230 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

img

Legal Ease, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Please let me know the basic facts and then your specific legal question.

Customer
Hello,
My separated spouse has engaged legal counsel and is seeking child support and spousal support. We have been separated for over 2 years. I have not paid any child support or spousal support because she has been unwilling/unable to settle marital assets division and enter into a separation agreement. I have made a number of past proposals (which I view to be very fair), to which she has not responded. Rather than responding, she has engaged legal counsel to discuss with me, and will no longer answer calls or emails. Her counsel has provided a letter to me with about a week to respond. They suggest that I pay certain child support and spousal support payments on an "interim without prejudice basis" prior to completing a separation agreement. They further state that if I do not pay the amounts they request, they will "proceed by way of a Court Application". My strong preference is to resolve all outstanding issues (asset division, child support, and spousal support, including a formal separation agreement) at once. In my view, paying anything now reduces all sense of urgency and would most likely delay things further. I am fully engaged and willing to discuss/negotiate. They previously requested financial disclosure, which I provided as quickly as possible (and 8 days ahead of the "deadline" that they suggested). I have noted in all correspondence that I am willing to discuss all issues. The asset division issues are as big as the child support/spousal support issues. Logically, I believe it makes sense to settle everything at once, and I am willing to discuss in detail with very quick responses. My questions for you: 1. What does a Court Application entail? Is that information publicly available/disclosed? I am sensitive to having personal information publicly disclosed. 2. In any business transaction that I have been involved in, making payments of any sort is tantamount to a contract. I am very concerned about making any child support or spousal support payments for multiple reasons, including the facts noted (i.e. it will remove all urgency, the asset division issues are larger than monthly payment issues, etc.). How can I relay the above without having a bunch of public disclosure issues and without reducing my negotiating position? Happy to chat further if anything is unclear.
img

Legal Ease, Expert

Child support is your legal obligation. If they apply to court for child support order they will get it. You will be required to pay their costs. You do not have the right to decide the child support is something that you will withhold until negotiations are completed about property division. The reason why they're asking for this to be done on a without prejudice basis so that you will not have what you're paying now used against you during mediation or negotiations or court.

If your income is significantly higher than your spouse's then a court will also order spousal support. Really all of this goes without saying. Property division is a separate issue. You'll also have to make retroactive payments for support.

Court is open court and so anyone from the public would have access to the hearing if it's not done remotely. As well, court files are a matter of public record.

In my view it would be much better for you to retain your own lawyer at this point.

Does that help?

img

Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer