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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100429
Experience:  Lawyer
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My husband and I are separating. He was a nurse for

Customer Question

Hello: My husband and I are separating. He was a nurse for 27 yrs and during a move back to Canada is now working for a Vet friend with a huge decrease in income. He can work as a nurse but is slowly pursuing it. He has investments. I believe he did this on purpose. We have been married 27 yrs. I became disabled in 1996. I receive disability income that is more then he at the moment. He said because I make more money he doesn't have to pay. Is this so. Just heart broken.
I should mention he made 100,00.00 while nursing.
Jane
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
How soon after moving back to Canada did you separate?
Customer: replied 1 year ago.
8 mths
Expert:  Debra replied 1 year ago.
The law is that if your spouse is deliberately under employed the courts will impute income to him. That means that the court will set support based on a notional income that the court feels is fair. The court will most likely impute his former income and so your support will be based on what his income used to be.I suggest you consult with a lawyer as your next step.Let me know if you need any further clarification.
Customer: replied 1 year ago.
just need further clarification. Would he pay support from investments?
Expert:  Debra replied 1 year ago.
No he would not. But any assets acquired during the marriage will be shared 50-50.

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