Canada Family Law
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I am sorry to hear of the difficult situation.
Are you separated now and if so where are the children living?
Have you seen a lawyer yet?
no, i haven't seen a lawyer and we are not separated. The children are living with both of us right now.
Does he want joint custody?
yes, for his days off schedule... 10 days on and 4 days off. (and so he won't have to pay as much)
So he knows about the 40%!But is he saying the kids should live with him for 4 days straight and then with you for 10 days straight?
that is what he is saying right now, but I can't honestly see that happening. I also don't think that would be healthy for my kids. What exactly is the 40%? We have only heard about it through friends.
That schedule cannot work most of the time. It's too confusing for kids.If you the kids live with you for less than 40% of the time the then set amount of child support may not apply and he would pay you less.
I think you need to see a family lawyer.
You can do that without telling him of course.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
Let me find the number for you.
The number is: 1-800-661-1095 or 403-228-1722 in Calgary
How much can I expect to pay for this? (just a ball park figure)
It depends on where you live, how much of a fight you will have on your hands etc. This could be settled shortly or you may need a full blown trial.
thanks for the number
Do you need any information other than this?For example, do you know what a Court decides about custody?
well i have a ton of questions because I don't know much about the whole thing. I don't know how the court decides about custody.
Also, I am wondering mostly about my mortgage.... How can I get my name off of there without selling our house?
I am planning to apply for a student loan, but they won't help me while I have this huge mortgage
Essentially the Court makes a decision in terms of what it considers best for the kids. So it would consider who was the primary caregiver, who they are bonded with more, child care plans if you work or are in school, extended family etc.
The bank will not let you off the mortgage if your name is XXXXX XXXXX title to the house.
They may let you off it's not.
But this will also have to be worked out between the two of your or again a Court will have to decide.
damn... thats what I thought. I simply don't have the start up cash to move out yet, and I can't apply for family allowances or anything until i am separated for three months. But i can't get separated until i can get a loan, and I can't get a loan until I sell my house! Any ideas on how to get around all of this?
Does he earn more than you do?
And why can't the house be sold?
it can, but it will take a while. He makes much more than I do.... 120,000/year. I am a stay at home mom and I go to university part time. (two courses a semester)
Then he will need to also pay some spousal support to you as well, at least for some time.So go see a lawyer for free first. And have the lawyer review your facts and financial information and then you will have a better idea about your options.
will do... thanks again for your help
You are very welcome.
I hope you can work this out.
And keep my name.
If you need some more help you can put it into the subject line next time you post.
I will for sure... a second opinion is always a good thing.
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