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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101403
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I have a unique situation. I am the father of an 8 month old

Customer Question

Hello, I have a unique situation. I am the father of an 8 month old little girl. My wife and I are separated but are considering not following through with the divorce, remaining married and having a husband and wife relationship. Can you tell me how this would affect child support? and what is fair in this unique circumstance?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Would you be living together?

If not with whom would your little girl live?

Customer: replied 1 year ago.
We would not be living together. My daughter would be living with her mother and I would be babysitting 2 full days a week.
Expert:  Legal Ease replied 1 year ago.

And your finances would be joint still or not?

Customer: replied 1 year ago.
Not joint.
Expert:  Legal Ease replied 1 year ago.

Then you would pay support like any other parent whose child lives with the other parent.

There is no reason why you would not pay support just because you are not legally divorcing.

If you don't pay support then the mother is supporting her alone which cannot make sense.

It is not about fairness. The Federal Child Support Guidelines are mandatory and set the amount you must pay based on your income.

Does that answer your question?

Customer: replied 1 year ago.
Somewhat. I'm happy to pay support but I do think that when a couple is legally married inherent perks if you will come with that. For example a legal right to my estate, life insurance etc. These would not be available to my spouse or my child if we were divorced so a larger amount of child custody seems appropriate when the perks are not included.
Expert:  Legal Ease replied 1 year ago.

That is simply not how the law works. It is not discretionary. The Guidelines are mandatory. There is no way around them.

And you are not correct about your understanding of how the assets are treated. Separation is the trigger for a division not a divorce.

There is no difference in terms of support obligations or asset division in terms of being separated or divorced. Some people never divorce. The only difference is that you cannot remarry until you are divorced though you can enter into a common law relationship and then will have the rights and obligations of any common law spouse, divorced or not.

Your child has all the same rights either way. Nothing changes at all.

It sounds like you should be consulting with your own family lawyer face to face so you can be sure you understand the law.

Customer: replied 1 year ago.
Ok thanks. Like you said. It's not about fairness. I appreciate your time.
Expert:  Legal Ease replied 1 year ago.

You are very welcome.

I am sorry I could not give you the answer you were hoping for but at least now you have a better understanding of the law and that is clearly important.

If we are done, please rate me so that I can receive credit for my work.

Thanks and take good care.