Canada Family Law
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Answered in 1 hour by:
4/25/2013
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 148,474
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
VerifiedThank you for your question.
Before I begin I want to explain a bit about how the site works.
It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.
As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.
I have several questions first please.
What province is this?
How long were you married for?
Did you live together first and if so for how long?
How old is your daughter?
Will your daughter be living with you for at least 60% of the time?
Before I begin I want to explain a bit about how the site works.
It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.
As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.
I have several questions first please.
What province is this?
How long were you married for?
Did you live together first and if so for how long?
How old is your daughter?
Will your daughter be living with you for at least 60% of the time?
Thank you for your additional information.
Essentially, in Alberta the value of all assets acquired during the marriage would generally be shared equally.
However, because common law spouses do not have property rights the length of your marriage for property right purposes is considered to be quite short.
For this reason if one of you contributed more than the other to the value of the asset then it is likely that the court would not say that an equal division would be fair and but would rather consider the contributions made.
In terms of spousal support, as common law espouses do have spousal support rights and obligations your relationship living consider to have started back when you first started living together.
So, if your income is higher than his he may actually be able to successfully seek from you some spousal support for a short while.
In terms of child support, if the child lives with you for over 60% of the time than he will have to pay child support based on his gross annual income even though his income is just a military pension.
If you can let me know what his pension is in terms of gross annual income I can tell you what type of child support he will have to pay.
However, it is also important that you consult with the family lawyer face-to-face at this point in time.
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.
The number is:
1-800-661-1095 or
403-228-1722 in Calgary
How does that sound?
Essentially, in Alberta the value of all assets acquired during the marriage would generally be shared equally.
However, because common law spouses do not have property rights the length of your marriage for property right purposes is considered to be quite short.
For this reason if one of you contributed more than the other to the value of the asset then it is likely that the court would not say that an equal division would be fair and but would rather consider the contributions made.
In terms of spousal support, as common law espouses do have spousal support rights and obligations your relationship living consider to have started back when you first started living together.
So, if your income is higher than his he may actually be able to successfully seek from you some spousal support for a short while.
In terms of child support, if the child lives with you for over 60% of the time than he will have to pay child support based on his gross annual income even though his income is just a military pension.
If you can let me know what his pension is in terms of gross annual income I can tell you what type of child support he will have to pay.
However, it is also important that you consult with the family lawyer face-to-face at this point in time.
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.
The number is:
1-800-661-1095 or
403-228-1722 in Calgary
How does that sound?
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 148,474
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
VerifiedLegal Ease and 87 other Canada Family Law Specialists are ready to help you
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