Canada Family Law

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Separation. No there hasnt. Ontario. Husband wants spousal…

No there hasnt Lawyer's...

No there hasnt

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Ontario

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Husband wants spousal support

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Answered in 4 hours by:

8/17/2019

Family Lawyer: Legal Ease, Lawyer replied 1 month ago

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 113,568

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.

Please let me know the basic facts and then your specific question please.

Customer reply replied 1 month ago

He wants spousal support but has never contributed financially because of his cocaine addiction in their 2 and a half years of marriage. Steph worked three jobs and he depleted a lot of the money on his habit. He has never helped with the baby Oliver care in the 14 months of his life. Even since the separation his visits are not consistent and has never contributed financially for his care since the separation two months ago not even his car insurance payments. He wants to use his income from last year as a basis but is working some times full time hours. The condo that was sold to buy a new house together was in Stephanie condo that she bought before meeting Kevin. It will be a financial hardship he wants to sell house at a loss and split everything equally and also a share of her pension and rrsp

Family Lawyer: Legal Ease, Lawyer replied 1 month ago

Is this a legal marriage?

Customer reply replied 1 month ago

It is

Family Lawyer: Legal Ease, Lawyer replied 1 month ago

If the husband is working full time he would only be entitled to spousal support if he is earning substantially less than his spouse.

He will have to pay child support based on this year's income if he now working full-time for the first time.

After 2.5 years of marriage he is not going to share in any assets unless he contributed to their value. As well, if anything he dissipated them through substance abuse.

The wife should be retaining a family lawyer at this point if she has not done so already.

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.

Customer reply replied 1 month ago

She can’t afford a lawyer and his parents are paying for his

Family Lawyer: Legal Ease, Lawyer replied 1 month ago

She is not going to be able to succeed against a lawyer.

She should find a way to borrow the money.

Customer reply replied 1 month ago

Thank you what about visitatation now the children’s aid was called recently because he was still high on cocaine when driving his wife and child in car and his dad also uses drugs and they want visitation. What can she do until she gets a lawyer

Family Lawyer: Legal Ease, Lawyer replied 1 month ago

She can tell him that he can only have supervised access until there is a court order at least and the same holds true of his father.

She can hopefully get the CAS to support this position.

Customer reply replied 1 month ago

They have agreed to support any decision she makes

Family Lawyer: Legal Ease, Lawyer replied 1 month ago

Great and perhaps they can tell him that he can only have supervised access and the same holds true for his father.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 113,568

Experience: I am a practicing lawyer and have also been an online professional for 5 years.

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