Legal Question in Family Law in Canada
divorce
I have married for two years and common law for 5 with the same man. I am a homemaker and a mom. I do not work. My husband works and makes all the money. Everything is in his name. He pays the bills and I get a weekly allowance for groceries. I have no means of money by my self to even start divorce. I would like to know what I am entitled to for divorce proceedings and afterwards. Can you give me an idea of what I am in for. I want my two year old son to stay with me. I am a good mom and he is with me all the time. I want custody. I have a diploma in recreation therapy and would like to start working but there is no way I can pay for childcare right now. We have a two bedroom condo. We still owe on our mortgage. My husband is a longshoreman/electrician and makes about 100,000 a year. I feel so co-dependant on him right now and need to know my rights and what I am entitled to if you seperate/divorce. I have no clue and feel very powerless right now. I feel stuck and I really need some information. I would really appreciate some advice and or input with the information that I have given you. Can you please help me.
1 Answer from Attorneys
Re: divorce
You have not given enough information to give you answers specific to your situation, but in general you are entitled to 1/2 of all the assets; as the period of cohabitation (7 years) is not long, it wis quite likely that you will be awarded less than 1/2, but this is very much dependant on many factors that our firm does not yet know. Assuming that you will have your 2 year old live with you and you are the primary caregiver, then you would be entitled to child support in accordance witht he Child Support Guidelines, which for $100,000 is about $906.00 per month for one child. Frequently we are asked if a parent can give up child support in exchange for custody - the answer is that you are not permitted to do so. you may well be entitled to spousal support; this is a more complex calculation but assuming that your own income is $0.00 and your husband's gross income (before any deductions) is $100,000 and his take home is aroungd $65,000, you would likely be awarde somewhere around $1,500 - $2,000 per month spousal support in addition to child support. This is a very rough estimate and it could well be different, but without more information (complete tax returns) this is the closest we can guess at.Most likely the condo will be sold and the proceeds after payment of the mortgage divided between you, unless one of you can buy the other out. We are sorry, but without more information, we can not give you any more precise information. As to paying for legal representaiton, some lawyers will allow you to pay from the proceeds of the sale of the condominium or other assets. Otherwise you will have to borrow, unless you qualify for legal Aid (but legal aid will not normally cover asset division). Although you live in a different city we would be pleased to meet with you and discuss your case; telephone numbers can not be posted to LawGuru, but you may obtain contact information by looking at lawvictoria.com