Leaving a Common Law With Child Relationship Question?

[Blush5]

I have been living common law with my partner for 9 years. We have lived in a home in which is in his name for 5 years. We have a 9 year old daughter.

I need to know what I am entitled to financially when it comes to the home. He never put my name on the home.

I also have questions regarding custody of our daughter. I need to know if we have shared custody with his income being so much higher then my own, will he still pay child support payments to me for our daughter?

What else will I be entitled too? He plans to give me as little as he has too. I need to know my rights. Please help!

[logicalvelocity]

Blush5,

welcome to the forum

the significant issues that you may have in your circumstance


Custody

In Ontario, both parents have coextensive custody of their child until a separation agreement or an order from the court provides otherwise. When parents separate, and the child lives with one parent, the authority to act for the other parent is suspended, but not ended. The child's access remains intact. A custodial parent has no right to dictate the terms of the child's access. Access includes the other parent's right to make inquiries into the health and welfare of the child.

In a custody adjudication, the best interest of the child test is applied. Bond and stability are also critical factors. The Primary caregiver of the child would also be considered, along with any current status quo living arrangements of the child. Generally the status quo would not be interrupted if everything is working out well for the child.

Child Support

Child support is the right of the child. Child support is intended to support the child for food, clothing shelter etc. Child support is calculated by taking the payor's last taxation year line 150 amount and cross referencing it against the guidelines. The guidelines can be found here

http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

For a shared custody regimes; the child spends an equal amount of time with each parent IE: 50/50 split, child support is calculated by taking the tabled guideline amount that each respective parent would pay the other and subtracting the difference to determine the offset amount.

As an example from the tables for one child

Parent A earns (line 150 amount) - 55K per year
Parent B earns (line 150 amount) - 45K per year

Parent A would pay 510 a month while Parent B would pay 415

510 - 415 equals an offset amount of 95 per month.

Extra curricular Expenses - section 7

Extra curricular expenses of the child's are shared between the parents on a prorated basis to reflect each parent's respective income regardless of what custody regime is in place. Reasonable expenses would include post secondary education costs, dental, orthodontics, extended health benefits, music lessons, sports etc.

Spousal Support

It appears on the face of it that you would be entailed to bring forth a spousal support claim. The main criteria for spousal support is one parent has need and the other has means.

The home and and Unjust enrichment claim

The home belongs to your spouse. You aren't entailed to any share of this property as the home is owned solely by him. However, you could bring forth an unjust enrichment claim. I suspect your contributions to the relationship may have enriched him to some degree.


Personal belongings of each party

Whatever each party owned prior to the relationship remains their own.


Debt and liability of each

The debts and liability of each party remains their own unless some of this is joint debt, both parties signed for loans etc.

CPP pension credits

CPP pension credits earned by each party are divided equally between each for the time of cohabitation. To qualify for CPP credit division, the parties only need to cohabit for a period of one year.

Other Government pensions - Superannuation.

Government pensions amounts and contributions during the time of cohabitation are shared equally between the parties. To qualify as common law status , the parties only need to cohabitate for a period of one year.

lv