Legal Question in Family Law in Canada

Re: Spousal Support

Normally this question would be rejected as it does not originate from British Columbia.

The law varies from Province to Province and you are advised to consult a lawyer in your own town in Ontario.

In B.C. it would be unwise to agree to give up our interest in the house without securing an agreeement that your interest given up is in lieu of child support, in whole or in part.

I assume that your given income of $3,200 is GROSS per month and NOT NET. In Canada child support is set by the Child Support Guidelines and they work on gross, not net, income. In Ontario your child support for 2 children would be approximately $574 per month for both children (not each, but total). You can find the approximate amounts by googling "federal child support guidelines" and following the links. Child support is not tax deductible by you and is not taxable in your wife's hands.

You will likley have to pay spousal support; the calculation for this is complex. Spousal support is tax deductible by you and is taxable in your wife's hands.

In B.C. normally all assets (house, pension, cars, jewellery, etc.) are divided equally; pensions are divided by the following formula:

1/2 of (number of years married while contributing to a pension) divided by (number of years pension contributed to) up to the date of a separation agreement or court order declaring the marriage over; pension contributions after this date are not divided.

You must see a lawyer for advice as soon as possible; many give a first consultation without charge or obligation or at a very low cost 9in B.C. usually $25).