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My husband and I are planning to divorce. We've been living…

My husband and I are...
My husband and I are planning to divorce. We've been living in the US for the past 21 years and during that time I've been the sole income for our family. We have 2 kids are 21 and 17 (18 in July), neither of whom can work because of disabilities. We plan to relocate to Ontario in the next few month and live apart when we do. The girls will be living with me full time. My husband's only income is OAS and CPP. At 67 years old and having been out of the workforce for so long, it will be difficult to get a job beyond something like Walmart greeter and from what I understand, minimum wage jobs are getting harder to get since the increase. Because I'll be supporting the children, how likely is it that I will have to pay spousal support? What I can afford to do for the kids will vary drastically based on how much, if anything, I have to pay.
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Answered in 52 minutes by:
3/2/2018
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,603
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Unfortunately there is little doubt and you will have to provide him with spousal support which would really go on indefinitely.

Your marriage was very long and you supported him all this time. So you will most definitely have to continue to do so.

The goal of the court would be to equalize your incomes because your marriage was so long.

I am sorry this is not what you were hoping to hear.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 4 months ago
How does the fact that I'll be supporting our disabled kids figure into the calculations? Is there any good way to determine how much I should expect to pay? I tried mysupportcalculator.ca but it shows me paying around 45% of my salary to him and none of that coming back to me for child support and they have a lot of medical expenses in addition to me supporting them.

My supportcalculator is actually quite accurate and reflects the current caselaw.

And as the father will have income (spousal support) he will have to provide you with child support. To work out child support you should make them minors for the calculations.

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Customer reply replied 4 months ago
I'm confused as to how to use the support as income. When I put in my income and his small income from OAS and CPP, it doesn't seem to take the support he'll receive into consideration. Do I calculate then recalculate using an income for him that's increased by the amount of the support it shows and reduce my income by that same amount?

What you can do is use that calculator just for support.

But then just check child support here:

http://www.justice.gc.ca/eng/fl-df/child-enfant/cst-orpe.html

You just need to put in 2 children, Ontario, and what you have figured out his gross annual income is from all sources.

He will also have to contribute to any of their medical expenses that are not covered by OHIP or your health plan. You both contribute in proportion to your respective incomes.

The children will live with you so you don't calculate child support for yourself, but just use your income to determine your contribution to their expenses (these are called s7 expenses.

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Is there anything more I can help you with at this point in time?

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Legal Ease, Lawyer
Category: Canada Family Law
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Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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