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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99966
Experience:  Lawyer
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My son is trying to get custody of his 2 children. THe

Customer Question

My son is trying to get custody of his 2 children. THe lawyer he talked to says he has to pay child support and spousal support. I understand the child support but not the spousal support. She has taken off with the kids to her parents place where she is not allowed to stay and refuses to come home with the kids. She is afraid of me(the grandmother). We want the children to live with us but we need someone to take care of them as we both work. What do you suggest?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

Are you asking about getting custody yourself or about the spousal support?

Customer: replied 10 months ago.
My son wants to have custody of his children. A lawyer has told him he would need to give the mother spousal support also.
Expert:  Debra replied 10 months ago.

The spousal support has nothing to do with custody or child support.

If he has to pay spousal support he will have to do so regardless of where the children live.

If he has been supporting his spouse for some time he will likely have to pay some support now.

Usually the support would go between 1/2 to the full duration of the marriage. So if they were married for 10 years he would have to pay support for between 5 and 10 years.

But that is only where he has been supporting her all along.

And she has a duty to become self-sustaining.

Does that clarify the law a bit more?

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Customer: replied 10 months ago.
My son has supported her and the children all along. They are not married but have been living with me about 3 years. SHe has no income other that the child benefits. She will not go back to school or get a job. When you try and talk to her about this she cries and runs to her room. She spanks the children when she can not control them and even puts her hand over their mouths so that I won't hear them cry. She blames my son for not putting any effort into their relationship and calls him names(after he has given her money for the kids). The children are left in our care for the weekend as she takes off and refuses to return unless my son takes her out to dinner or gives her something. The children are very hard to take care of as they have temper tantrums and start hitting us(me, my son and their mother). What to do??
Expert:  Debra replied 10 months ago.

I am saddened to hear this.

Spousal support is a separate issue from these other issues.

As she has been supported by him the court would require him to pay some support as I explained.

But she will be required to become self-sustaining.

This support will have to be paid by your son and not by you. You do not have an obligation to this woman at all.

And if your son gets custody she will be the one that has to pay some child support.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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