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  • Just filed for divorce...

    I am in a different province than my ex...and have been here 1 year. During this past year I have tried to set up child support agreements..to no avail. She will not agree to anything... so I have just filed for divorce. She was served with papers in the province of B.C. Oct 30th...She has 30 days to respond. We have split everything as far as assets go.... the only thing is my pension. We were married 24 years. What will happen if she contests in a different province... and how long could this procedure take? Just have so many questions...and will be glad when it is over with.... thanks!

    Kevin

  • #2
    kevinlawt,

    on the face, it appears you have some outstanding issues. As such, child support and custody issues are generally heard where the child lives.

    If she contests in a different province, another issue does arise that being, where is the proper jurisdiction BC or Ontario. If the Ontario court declines to hear the issues, then you will have no alternative than to settle or litigate the issues in the BC court.


    lv

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    • #3
      Thanks LV for your response....it is appreciated...

      I have applied for divorce in N.B. We have four children...the youngest is 16 I have been paying child support as per guidlines dictate, but she says I have not...several times I have tried to set up meetings with family law services in B.C. to sort it all out...and she was not willing. I only have to pay for two children, the 16 and 18 year old. There are no custody issues. When I filed for divorce it was my understanding that when one files for divorce, it takes precedence over all other issues and that everything...including the child support issue are looked after at that time. I was also told that if she contests the divorce, because I have beat her to the punch in filing, she will have to come here to attend court. Lawyers never give out too much info all at once...or maybe I am just not asking the right questions. I thought because the child support tables as far as payment go... were pretty straight forward... and if that's the case..what could I possibly end up in B.C. in court for... and is it true that she may have to come to this province if she contests the divorce?

      Thanks so much for your time...I have been learning lots.. but there is so much more...

      K

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      • #4
        kevinlawt,

        If you notice, payable child support varies depending on ones province of residence. If your in NB, you should apply your line 150 income from your income tax return from the previous taxation year (2005) against the NB tables.


        lv

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