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My husband and I married 18 years, and we have two kids 13…

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My husband and I married...
My husband and I married 18 years, and we have two kids 13 and 10. Both my husband and I have good salaries, some savings, and no debt.

Couple of month ago, I discovered that he has been dating another lady. Since then, we have discussed about the divorce. He wanted only half of the savings(about $70,000), his own RRSP($150,000), and let me take over our family home with one condition which he won’t provide any amount for child care support since he believed he gave up the family home (about #370,000). I also have about $80,000 RRSP myself.

Is this a reasonable offer for me? I quitted my job two months ago due to the pressure from these family issues, and now I don’t have any income. My kids wanted to stay with me after the divorce.

Other than the offer he gives, can I also ask him to provide both spousal and child care supports?

Thanks a lot!
Submitted: 6 years ago.Category: Canada Family Law
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Answered in 9 minutes by:
3/5/2012
Family Lawyer: Legal Ease, Lawyer replied 6 years ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 106,072
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Debra Thal (username) :

He cannot bargain away child support.

Debra Thal (username) :

It's the right of the child.

JACUSTOMER-okusun4d- :

He already agree to give up his home.

Debra Thal (username) :

If you have comparable income then you would not be entitled to spousal support but if he earns more than you then it's likely the case that you would be entitled to support after such a long marriage.

Debra Thal (username) :

Yes I know that.

Debra Thal (username) :

Is the equity in the home $370,000 or is that what the house is worth if sold?

JACUSTOMER-okusun4d- :

The house price is $370,000. If I ask him to provide child care, he will take half of the house, can he?

JACUSTOMER-okusun4d- :

Yes, his earning is more than me. How the spousal support will be calculated?

Debra Thal (username) :

Is there a mortgage?

JACUSTOMER-okusun4d- :

No, we paid out.

JACUSTOMER-okusun4d- :

we don't have any debts

Debra Thal (username) :

What is his income and what is yours?

JACUSTOMER-okusun4d- :

His is about $140,000. when I was working, my salary is $80,000

JACUSTOMER-okusun4d- :

I am not working any more since 2 months ago.

Debra Thal (username) :

So if you got the house and the kids and no support how would you manage?

JACUSTOMER-okusun4d- :

I have some savings

JACUSTOMER-okusun4d- :

He took half of our saving, and I will have $70000 left.

JACUSTOMER-okusun4d- :

I can work after I recovered from this pressure.

Debra Thal (username) :

This does not sound that secure to me.

Without a doubt you need to see a family lawyer face to face.

You are likely still in shock and cannot make major decisions yet and these decisions are highly complex and life altering.

What province is this? I will explain the law and have been in the process of composing an answer but need your province to fill in some details and also want to suggest ways for finding a lawyer.

JACUSTOMER-okusun4d- :

quebec

Debra Thal (username) :

The law in Quebec is a bit different so I am not going to provide the answer I wrote because I am not sure that it all applies to Quebec. But generally, you share all assets and debts acquired during the marriage so in that area you are ahead.

But child support is mandatory as it's the right of the child.

And if these kids go to university it sounds like you will have to sell the house at that point if you do not have support.

Child support is for adult children in school and includes tuition etc so you need to consider that.

And after 18 years the goal would be to equalize your incomes.

So please see a lawyer at right away.

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