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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 10-06-2006, 07:14 PM
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notstepdad is on a distinguished road
Default step child support - Ontario

About to separate in 2.5 year common law marriage.
One stepchild is 19. Not in school. Other is 12.

I understand that in Ontario, to have been considered a parent, "settled intention to treat the child as such" is necessary. I cooked meals and babysat for them, but I did not have rights to reprimand them or tell them to do chores. The wife and I both understood that I was not the children's father (but who knows what would come out in court). Any help on defining settled intention would be appreciated.

I currently have very low income and hers is over 100K. But my income could conceivably be imputed up. I have a business. Its been quiet the last few years, but could grow gradually in the future, or I guess I'm qualified to taste test pig manure for an imaginably high 60-70k per year which could be higher than my business income. Impute rules seem ridiculous. If I am a parent, would the amount I owe be smaller if I moved to Quebec at any time in the near future?

For the matrimonial home, is the valuation at date we decided to separate the relevant date? or is it date of separation agreement? Can one party force the sale of the home, if not happy with valuation? Also, as to the child's school attendance, is the relevant qualifying date the time of separation or the time of some court date/court order?
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Old 10-07-2006, 01:08 PM
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notstepdad is on a distinguished road
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I've been able to verify the criteria in general:
(from http://www.familylawtoronto.ca/child_support.html)
• How old was the child when the payor and recipient began cohabiting?
• Does the child have any contact with his or her other natural parent and is that parent paying support?
• How many years have the payor and recipient been living together?
• Did the payor discipline the child?
• Did the child refer to the payor as a parent?
• Did the payor claim the child as dependent for income tax purposes?

I'm sure that if all the facts were out, that I wouldn't be considered to have ever had the intent, (nor did the wife) to treat them as a child family member. However, the key is how does the burden of proof on the matter work? (what if its her word against mine, and she makes total fabrications) Is there any case law that finds cases where a stepparent was 5% or 10% of a parent? If I can find evidence that some of her representations are lies, can that guarantee virtual prejudice against her entire case?

She has a lawyer, and the lawyer knows there is substantial home equity, and so, deep pockets.
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