View Single Post
  #2 (permalink)  
Old 03-01-2011, 12:20 PM
NBDad's Avatar
NBDad NBDad is offline
Senior Member
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road

As for Child support, despite the fact that I agreed to walk away from the equity in the home because niether of us would be burdened with paying child support, I'm willing to pay the differential (the difference between what we would be paying each other based on The Federal Child support guidelines if either of us had sole custody). Hey, it's for the kids.
The very fact that this is present in your agreement would indicate to me that you didn't have legal representation when it was done. You CANNOT sign away Child's NOT your's the right of the child. No lawyer worth his salt is going to word it like that, and no judge would sign off on it.

She CAN go after you AT ANY TIME, for Child Support, even with you walking away from the home. She will likely get it if she pushes it. With the amount of time you have the children, you should be paying offset table amounts.

1. Seeing as we signed an affidavit to no spousal support, would her asking for it now require a legal challenge to the document?
Did you both have independent legal advice when you did this? How long were you married for? Did either of you give up a career for the other? Did she quit working and stay at home? What kind of education does she have and would she be capable of earning a living? Does she currently work? Full or part time? How much does she earn? How much do you earn? Who currently collects the CCTB/UCCB? Did you file form RC65 with CRA yet?

Answer those and we'll have a better idea of an answer for you

2. Is it automatically revisited at the time of divorce?
Unless you sever those items, then in order to divorce you need a couple of things worked out already. 1. Child support 2. Custody/Access 3. Equalization.

3. If she were to ask for spousal support, (at the time of divorce or otherwise) would the equity in the home and the car debt I burdened become part of the equation?
Yes, as part of equalization. It depends on how binding that affidavit is. Was it done through legal representation? Did you both have independent legal advice? Was it filed with the courts?

If she sells the home, am I entitled to rest of my equity or is it a done deal?
It all goes back to how binding that document is. If she sells the home and THEN tries to go after you for spousal support, then yeah, you can hit her up on the whole assets/equalization thing.