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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100377
Experience:  Lawyer
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My cousin lives in Ontario Province, Canada, she has very

Customer Question

My cousin lives in Ontario Province, Canada, she has very limited mobility because of health problems: type 2 diabetes, MS disease and liver cirrhosis, on top of everything is her financial difficulties. Without help she cannot live the house and take care of herself. Unfortunately her husband is a drug and alcohol user, and instead of help she gets an insults and two days ago he hit her and was arrested. they do not have children and my cousins close relatives do not live in Canada, I live in New York. We need an advice what should we do in this situation?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What does your cousin hope to see happen?

Customer: replied 1 year ago.
For her husband to be forced to start rehab/treatment for drugs and alcohol – since he hit her while intoxicated. For him to provide her with decent food since because of her medical issues (type 2 diabetes and cirrhosis of the liver just to name a few) her life depends on a healthy diet, and a healthy diet will prolong her life. For his worker’s comp to go through her since they need to pay expenses such as electricity, medical, etc. – he spends most of the money on drugs and alcohol.
Expert:  Debra replied 1 year ago.

Is she prepared to separate from him?

Customer: replied 1 year ago.
what exactly do you mean by separate? Right now they live in separate rooms in the same house. The house belongs to both of them 50/50. She cannot live alone financially and physically - she has MS and cannot cook for herself or go shopping for groceries, etc.
Expert:  Debra replied 1 year ago.

If she considers that the marriage has broken down she can apply to the court for spousal support. Her spouse will be required by way of an order to provide her with financial support. So it is not as if she needs to obtain his WCB payments, which she cannot do , but she can obtain financial payments from her spouse.

There is no way that a court would order that the spouse has to take care of her physically, but the spousal support would cover her payments to third parties who would provide her care.

Sadly, she cannot force him to go through rehab.

Her next step should be to consult with a family lawyer face to face. If she cannot get out to do that then it is possible for her to have a telephone conversation.

Customer: replied 1 year ago.
I am going to talk to my cousin and if we will have any questions, I will email you tomorrow. Thank you.
Expert:  Debra replied 1 year ago.

Your very welcome.