Ask a Lawyer is a public chat forum, where you can ask lawyers for very general information. Because it is public, your questions, comments, and responses are not confidential. Please contact a lawyer in our Directory directly if you need a private opinion about your specific circumstances.
My ex-wife has been holding the matrimonial home hostage for over two years until I meet an ongoing list of demands. I signed a separation agreement summary with her lawyer last year and then when she sent me the actual agreement, it contained clauses I never agreed to. My ex then told the lawyer to not respond to my inquiries about why the agreement was different from the summary we signed.
as a result I am going to ask for credit to be paid because I have been paying half of mortgage and all utility bills for over 3 years.
I work on 100 commission and because my former employer added a second person in my role, my commissions were going to be cut in half so I joined a new company where my commissions have also been much less than what I have earned over the last 3 years.
How can I get around this if I cannot get income waived by courts. my income tax statements show much more income from 2021-2023 but I made a fair chunk less in 2024 and can easily forecast my income to stay at this level for the foreseeable future.
Courts can recalculate based on current information where circumstances have changed, such as a new job. They can set income based on prior earnings if someone is intentionally under-employed, but as long as you can show that your earnings would have been lower at the previous employer then you should be okay. Since you're commission-based, you'll have to show that any expenses you deduct from your income are reasonable though. And if you haven't been with your new employer long then the court would have to predict what your ongoing income will be, so without data they could still defer to older income information.
What happens with the mortgage and utility payments depends on who's in the house, what the support arrangements are, what the support arrangements should be, and other circumstances. If you contact a lawyer in our Directory they can probably give you a better idea: https://albertalegal.org/index.php
07 months ago
You must log in or sign up to reply to conversations.
DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions.
This website contains content and files submitted by third parties, to which you download or view at your own risk.
The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory.
By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.
