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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101416
Experience:  Lawyer
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I am getting divorced. We have not filed yet, just

Customer Question

I am getting divorced. We have not filed for divorce yet, just separated. We have 2 children (8 and 15 y/o). We have few properties (family house, duplex and 12-plex). I have the following questions:
We agreed that my husband will keep 2-plex and I will keep the house and 12-plex. However, there is high mortgage attached to the house and 12-plex and I don't know tax consequences of transfer of 12-plex. I am hesitating if I should agree to that.
We agreed that my Ex will pay $1,000 per month, but he doesn't always pay and might move to another country (probably US).
I am worried that my kids will not have the same level of living after divorce (private school, music lessons, etc).
My husband is a contractor and I am not sure if he will declare all his income and pay a fair amount for children.
If we sell all the properties, is there a law that would force my husband to put money in a trust account for children so it will cover 50% of expenses for children?
My Ex says that $1000 is the maximum he will pay.
I want my Ex to participate in kids life. Can the law force him to have shared custody and be responsible for picking up kids from school, etc?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

What province is this please?

What is the father's income? What is yours?

Customer: replied 2 years ago.
Quebec, my ex is a contractor and declared only 27 and my salary is 40k
Expert:  Debra replied 2 years ago.

If the children live with you for at least 60% of the time then he has to pay child support based on the Federal Child Support Guidelines. At $27K he only has to pay $427 a month but if he is really earning more and you can prove that then the court will impute income to him and require he pay more.

It is hard to see how his income is that low and yours is $40K and the kids went to private schools so you can likely easily prove his income is much higher.

You cannot force him to have shared custody and pick up the kids etc.

It is not likely possible to have the court say funds have to be put in trust in case he takes off.

It doesn't sound like you should be agreeing to anything at this point as his dishonesty about his income is very troubling. If he income is higher than yours would be entitled to spousal support as well potentially.

So what you really have to do is have a lawyer go over his and your financial statements and discuss how you can show what his income really is as you are not going to get a fair deal if he is lying about his income.