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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3526
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I was divorced in 2007. I got married in India and came to

Customer Question

hi I was divorced in 2007. I got married in India and came to Canada in January 2007 and later in may 2007 my husband told me he wants divorced. I was in shock and didn't wanted the divorce. his family told me to do as he say because he will not listen to anybody and wait for the right time. he hired a lawyer and asked me to sign the document which I didn't read at that time. but I knew that he got those paper in my name that I want the divorce. I never met the lawyer. we got divorced and after few months we started living together but didn't marry again, in 2011 we had a child but after the birth of our son he moved with other women. now its been 8 years of our divorce can I now sue him for the spousal and child support. we had a matrimonial home which he sold in 2011. he is the president of a multi million company and I have a small computer hardware business. now I am 44 year old and he is 49.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

I'm not sure about the details you wrote.

How long have you and he been living together, married or not?

How many children are there and how old? Do they live with you now?

Did you last separate in 2011?

Customer: replied 1 year ago.
We got married in 2005 in India and after marriage he came back to Canada as he was living here and has business. I got immigration in 2007 January while I was in India he visited me 3-4 times there. After divorce we lived together for 2 years. We have a son he is 4 years old.
Customer: replied 1 year ago.
we last separate in 2011
Expert:  Ulysses101 replied 1 year ago.

Is he paying you anything now for child support or spousal support? Does he see the child?

Customer: replied 1 year ago.
he does give me some money but its not fixed. I live in his house which is in his one of the cousins name. he does take our son once a week with him that to is not on regular basis.
Expert:  Ulysses101 replied 1 year ago.

Do you pay anything for the housing?

Customer: replied 1 year ago.
no and we don't have any agreement signed for this house.
Customer: replied 1 year ago.
you didn't answer my question
Expert:  Ulysses101 replied 1 year ago.

I understand. Yes, you certainly have a claim for child support, and perhaps even spousal support. However he is going to say that he's already supporting you and the child by giving you a place to live and other monies too. Your problem is that you have no power in this relationship with him.

The property division is a separate issue. If you can claim that you separated more recently then you have a better claim. Despite the divorce, you essentially reconciled afterwards and had a child together.

You need to decide that you're willing to change everything about your current life and lifestyle. If you take him to court then you may well decide that you can't or shouldn't stay in that house. You're only there while he's okay with it because there's no lease and you don't pay anything at this point.

It seems clear to me that your ex believes he's better off with this arrangement. Perhaps he's looked at what he'd have to pay you in child support, and he'd rather put you up in his cousin's home.

You should start by going to the nearest courthouse and finding the family duty counsel to ask more specific questions about the forms you'll need to get started if you choose to do so. If you get the paperwork started, see what's involved, and learn more about the process, you'll be in a better position to decide when and how to proceed. If you can hire a lawyer then I strongly recommend that you do, start with a face to face appointment to discuss these issues and get their recommendations. It's easy for me to say "take him to court", but you have consider the consequences of that decision for yourself and your child. Things might be okay at this point, but you don't have any custodial authority for when things have to change.

Does that make sense? Please reply with your questions and comments.

Expert:  Ulysses101 replied 1 year ago.

Is there anything else about this family situation that you'd like to discuss with me? If not, then I'd appreciate a positive service rating please. That's how I get credit from the site for answering you.


Customer: replied 1 year ago.
Thank you for the answer. I have one more question, what do you mean by custodial authority if things change and how much are the chances of getting him to pay the support for the child and me?
Expert:  Ulysses101 replied 1 year ago.

Custodial authority means that you have the power to make decisions for the child, such as which school or doctor, and where you'll live. Right now, nobody has custody. So if you move away with the child father can go to court and say that the child needs to be returned because you didn't have the authority to move with the child.

You'd certainly get child support. You are entitled to child support now. But father will say that instead of paying support he's giving you and the child a place to live, which is true.

However it's clear that father wants you living under his control. You have no power or authority in this situation.

Expert:  Ulysses101 replied 1 year ago.

Is there more you'd like to talk about? I'm still here.

If we're finished, that's fine. Could I please have a positive service rating? That's how I get credit from the site for helping you with your family law matter. I'd appreciate it, thanks.