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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1 (permalink)  
Old 09-15-2006, 05:49 PM
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Default Question about Child and Spousal Support

Hi there,

My cousin is in quite a difficult situation and we're seeking for some experienced help. My cousin and her soon-to-be ex-husband is going through a divorce at the moment and their 10yr old daughter is stuck in the middle of all that mess.

They have not settled on anything yet, the man wants to sell the house and take the money with him, but as we all of us know, the spouse is entitled to half of what he has if it was accumulated during the marriage. But the thing is, the house is under his name and his brother's name. My cousin's mother-in-law (the dude's mother) bought them the house.

Question 1: How much of the house is she legally entitled if it was sold?

As of this moment, nothing has been settled and no legal documents have been signed regarding the divorce. The dude has now left the country on a way ticket back to Asia, leaving his 10yr daughter behind. He has stated "in writing" that he has agreed to pay child and spousal support for the next 5 years in the amount of say $1800 per month. But my cousin did not agree to the terms. She strongly believes that family law states the deadbeat father has to pay child support until the daughter turns 18yrs old.

Question 2: Is there such a clause in family law that deadbeat is required to pay child support until the child reaches to the age of 18?

Question 3: Is there anyway to retrieve the child and spousal support from the dude if he is in another country?

Question 4: Since the dude left country, and IF there is no way to collect the child and spousal support, would the crown grant the mother and child a bigger portion of the money or all of the money if their house was sold.

The dude is unemployed, but his family is pretty wealthy, he basically has financial support from his mother who resides in Asia. When the family was still together, the mother in asia would wire money to the father to support the family. He basically cheated on my cousin with another woman online via internet, and actually tore up the family and moving to indonesia to be with that woman.

Can any of you please help us out?

Much appreciated!

Thanks!
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Old 09-15-2006, 05:51 PM
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Default

i forgot to mention, we and they reside in the province of ontario. that'll probably clear up a few questions since family law differs from province to province.

thanks.
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Old 11-16-2006, 07:35 PM
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Default Getting an Order

If "dude" now resides fulltime in another province/state, than you'd have to file for an Interjurisdictional Order.

If he's employed, they'll make him pay child support according to the Federal Child Support Guidelines in Ontario. Which could be less than what he'd originally offered, or more ... depending on his annual income.
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Old 11-16-2006, 08:29 PM
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If the "Dude" is living in Quebec then you would use the federal Quebec tables. If the Dude is living in Alberta then use the Alberta Tables. The applicable tables to use is where the payer lives as each province respective tables factor in the payable income tax for that particular province.

On the face of it, it appears your sister got a raw deal and as such should bring forth legal proceedings in the community of where the respective child in the heart of the matter lives.

lv
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Old 11-16-2006, 09:22 PM
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Default Oops!

Thanks for that correction LV
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Old 12-21-2008, 08:35 PM
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I'm new here and looking for some answers not sure where else to turn... How does Judge calculate spousal and child support... I make approx 68,000 and y wife also works... I have been set to pay 900 spousal support and 470 in child support for my 17 yr old son I don't mind paying however I cannot afford to live out of my parents house as she also has the home till we go back to court and I also pay a debt for credit she fraudulently put in my name of appr 17,000... Just need help and answers Thanks for listening...
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Old 12-21-2008, 09:04 PM
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Quote:
Originally Posted by arseneau_campbell View Post
I'm new here and looking for some answers not sure where else to turn... How does Judge calculate spousal and child support... I make approx 68,000 and y wife also works... I have been set to pay 900 spousal support and 470 in child support for my 17 yr old son I don't mind paying however I cannot afford to live out of my parents house as she also has the home till we go back to court and I also pay a debt for credit she fraudulently put in my name of appr 17,000... Just need help and answers Thanks for listening...

Maybe you should start your own thread to get the answers you are looking for
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Old 12-21-2008, 10:47 PM
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Quote:
Originally Posted by deevusone View Post
Hi there,

She strongly believes that family law states the deadbeat father has to pay child support until the daughter turns 18yrs old.

Question 2: Is there such a clause in family law that deadbeat is required to pay child support until the child reaches to the age of 18?

Question 3: Is there anyway to retrieve the child and spousal support from the dude if he is in another country?
Is it really necessary to resort to the name calling? Should we start referring to custodial parents (80% of whom are women) that routinely deny access to the other parent as deadbeats as well?
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Old 01-05-2011, 11:44 PM
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You are really a bitter man on here. May I suggest to you to seek some help. Apparently your wife left you and you did not get what you want so you are going to perpetrate your lousy attitude on others who simply wish to get at some truth. They are not interested in your bitterness. Neither was I when I asked my question but you I can deal with.
A father who does not pay support on time, for his child is a deadbeat. Access can be denied for a great number of reasons and one of them is abuse. I have never cried wolf and I won't as I have to much intelligence for that nonsense. But the nonsense you carry on with here tends to make me think you really need to get some help. I watch your comments and they all sum up to you being an angry man. Get over it and move on with your life. You are not helping anyone with your anger. If you want to help people and that is what I THOUGHT this Forum was for, we do not need these kinds of comments coming out. By the way...my son's father asked to see him back 3 months ago, I gave my phone number to his lawyer so he could call me and we could make arrangements...funny no phone call yet and he has not called us in over a year not has he seen his son. He lives 10 minutes away. What the heck do you call him? My son who is 10 says and I quote " My Dad is a real jerk" I wish I could hit him and tell him that he has really hurt me" My son asked if he could see his dad and I said of course he can any time he wants to. Now, Put that in your pipe and smoke it. You seem to be trying to run a monkey court here and I believe the other Moderators are doing a fine job, but you need to be removed as a Moderator.
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Old 01-06-2011, 12:34 AM
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Deut... give your head a shake.
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