Looking for clarification for a family member...
Just separated, common law relationship for 7 years. Two children, ages 5 & 1.5 years old.
Mom owns a house (only in her name) that they lived in for 5 years, about 4 months ago Dad bought a house (only in his name) which they have lived in for 4 months, and are renting out Mom’s house.
Dad makes approx $100,000, Mom makes approx $43,000. They are looking towards 50-50 access and joint custody. That being said, Dad doesn’t think he should have to pay CS $700 in CS a month because the kids don’t need that to live on. He is also stating they will pay daycare costs on their own during their time, instead of him being responsible for 70% of the costs. Tax benefits would be split, as per the government guidelines.
How slam dunk is this if Mom files in court? Dad says he wants to settle outside lawyers and court and they have agreed on 50-50, but he isn’t agreeing to pay any CS and any mention of money, causes Dad to be irrational. He has stated that if she pursues CS, he will go after the equity in her house, because his house doesn’t have any equity, so he doesn’t care if he is forced to sell or not. Her house has approx $40,000 equity in it, but it located 30 minutes away from where they currently live in his house.
Being common law, they really don’t have anything to split correct? Dad’s name was never on Mom’s house (mortgage or title) and Mom’s name was never on Dad’s house. Dad has RRSP’s and such that Mom can’t touch, so would Dad have any claim to Mom’s house? Mom is looking to sell her house and get a place closer to where they live now so that the children can stay close to Dad and not switch schools.
I guess the questions are...
1- Does Dad have claim to Mom’s house and the equity in it?
2- If Dad doesn’t agree to CS, is it slam dunk for Mom to file in court?
3- Mom will inform CRA of the new arrangement once it is settled for child tax benefits, What will Dad need in order to file? Is that up to Mom to provide info to Dad or does Dad have to file on his own?
I am certain I know the answers to all of these, but would like to double check. Thanks!
Sent from my iPhone using Tapatalk
Just separated, common law relationship for 7 years. Two children, ages 5 & 1.5 years old.
Mom owns a house (only in her name) that they lived in for 5 years, about 4 months ago Dad bought a house (only in his name) which they have lived in for 4 months, and are renting out Mom’s house.
Dad makes approx $100,000, Mom makes approx $43,000. They are looking towards 50-50 access and joint custody. That being said, Dad doesn’t think he should have to pay CS $700 in CS a month because the kids don’t need that to live on. He is also stating they will pay daycare costs on their own during their time, instead of him being responsible for 70% of the costs. Tax benefits would be split, as per the government guidelines.
How slam dunk is this if Mom files in court? Dad says he wants to settle outside lawyers and court and they have agreed on 50-50, but he isn’t agreeing to pay any CS and any mention of money, causes Dad to be irrational. He has stated that if she pursues CS, he will go after the equity in her house, because his house doesn’t have any equity, so he doesn’t care if he is forced to sell or not. Her house has approx $40,000 equity in it, but it located 30 minutes away from where they currently live in his house.
Being common law, they really don’t have anything to split correct? Dad’s name was never on Mom’s house (mortgage or title) and Mom’s name was never on Dad’s house. Dad has RRSP’s and such that Mom can’t touch, so would Dad have any claim to Mom’s house? Mom is looking to sell her house and get a place closer to where they live now so that the children can stay close to Dad and not switch schools.
I guess the questions are...
1- Does Dad have claim to Mom’s house and the equity in it?
2- If Dad doesn’t agree to CS, is it slam dunk for Mom to file in court?
3- Mom will inform CRA of the new arrangement once it is settled for child tax benefits, What will Dad need in order to file? Is that up to Mom to provide info to Dad or does Dad have to file on his own?
I am certain I know the answers to all of these, but would like to double check. Thanks!
Sent from my iPhone using Tapatalk
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