Legal Question in Family Law in Canada

Separation and child support?

I am currently living with my common law wife for over 10 years but we're on different rooms for 3 years now. We did this for the sake of our children, although we don't have affection for each other anymore. We just moved in a subsidized apartment 7 months ago but eversince when we have a fight she always wanted me to move out although I am the one who's paying the rent because she has no job. We're both unhappy with our situations. Oftentimes after we have arguments we discussed and agreed about divorce or separation but she wants me to work on it. I always wanted to leave to have a peace of mind, to find another place for me but she still wants me to pay for the rent while at the same time I'll pay for my own apartment too, and said about ''abandoning them'' if I won't give money, though she's the one who wants me to go. I have no question about child support because I'm willing to give but the question is how much for the 3 children and when I start giving it? Is it right after I moved out? I'm thinking of giving 1 hundred dollars for each child because I have lots of bills to pay too and I only earn $11.25 per hour. If I leave them or her right now, what am I liable to? Can we file a divorce even if we still live together?


Asked on 10/13/07, 11:57 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Separation and child support?

According to your posting you earn $11.25 per hour; we presume that is for a 40 hour week and as there are 52 weeks in a year, your gross income is approximately $23,400 per year. The Child Support Guidelines specify how much child support you will pay. In British Columbia for 3 children on an income of $23,400 per year, you will pay $492.00 per month. This in not tax deductible by you nor is it taxable in the recipient's hands. You may or may not be entitled to claim hardship; hardship does NOT mean you think you can't pay this much or that it is just too much - "hardship" involves an arithmetical comparison of the incomes in both households according to a formula set by the Child Support Guidelines. You should consult a lawyer to determine if you qualify. You should start paying as soon as you move out. You say you are living common-law; if so, you can not file for a divorce as you are not married. The rest of your questions can not be answered as there is not enough detail given.

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Answered on 10/14/07, 1:46 am


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