Curious and lots of Questions

[idkCL]

I have recently ended a relationship with my ex, and have questions about the situation.

1. We lived together for 2 years, with a 3 week seperation. I believe this does not make us "legal" common law as it takes 3 years of continious living together? We did file CL to CRA this year, due to CRA garnishing my ex's CPP and others and to prevent any further issues with CRA. This was based on what our prepayer told us.

2. One of her children moved in and out of the home twice maybe 3 times, and is now back with fathers family. Would I be required to pay CS for this 16 yr old child, for the time they spent in my home?

3. My ex declined pension, severence and spousal support/payments from ex, would the courts see just cause to claim these from me, if she refused them from her ex of 15 years.

4. If biological father is serving time, how do the courts see CS in this matter.

5. I understand the concept of loco parentis, has there been a case in which one partner can prove that the majority of their income did not go to the best interest of the children?

IE: SP Income went to Mortgage, Insurance, Car Payments, Loans, Gas, etc... Parents income went to food, clothes, entertainment, medical, etc.

Or that the SP did not have any grounds to control the children? Or the children rarely stayed over night at the parents home, such as staying with neighbours, friends, etc.? > I think this is a common issue with SP's.

6. Parent is on assistance before relationship, lost it when living together started? If the assisted parent departs can he/she not go back on assistance and ask EX to pay for in lieu of assistance or can the government force them to pay so to save tax payers money?

Please help thank you!

[FL_Needs_To_Change]

1. We lived together for 2 years, with a 3 week seperation. I believe this does not make us "legal" common law as it takes 3 years of continious living together? We did file CL to CRA this year, due to CRA garnishing my ex's CPP and others and to prevent any further issues with CRA. This was based on what our prepayer told us.

Correct CL is only after 3 years.
With that said, I am still unsure why you would claim CL on your tax returns. By "law" you are not and have no right to make that claim.

2. One of her children moved in and out of the home twice maybe 3 times, and is now back with fathers family. Would I be required to pay CS for this 16 yr old child, for the time they spent in my home?

Based on the rules surrounding CL unions, my understanding is that NO, you would not be required to pay support, as the length and depth of the relationship with the child would not warrant it.

3. My ex declined pension, severence and spousal support/payments from ex, would the courts see just cause to claim these from me, if she refused them from her ex of 15 years.

For the same reasoning, I'd say NO.
The relationship was simply not long enough or committed enough to warrant a claim for SS or CPP splitting etc either

4. If biological father is serving time, how do the courts see CS in this matter.

Without a form of income or a means to pay, his obligation for CS to his bio children would be suspended until his release.

5. I understand the concept of loco parentis, has there been a case in which one partner can prove that the majority of their income did not go to the best interest of the children?

Not sure where you are going with this or what you are asking.
It appears that your split of expenses, although not equal is still a split that ultimately got the basics covered with a shared effort. But there is no ground for CS or SS claims because you can only be deemed as having resided together, in a minimal capacity as husband and wife. The duration of time necessary to be deemed CL is in place for exactly this purpose. To avoid granting payments to people that live with someone for a short time and expect money to support them in return. If this was allowed in your case it would set a precedence for others to claim SS & CS after just a few months co-habitation.

Or that the SP did not have any grounds to control the children? Or the children rarely stayed over night at the parents home, such as staying with neighbours, friends, etc.? > I think this is a common issue with SP's.

This only further supports your position that no CS is warranted.
In fact once Bio dad is out of incarceration, he too may be able to claim no support or reduced support if he can show the child is no longer under the care of the parent and therefore is no longer a child of the marriage requiring support of a parent.

6. Parent is on assistance before relationship, lost it when living together started? If the assisted parent departs can he/she not go back on assistance and ask EX to pay for in lieu of assistance or can the government force them to pay so to save tax payers money?

This question is a little confusing too.
But I'm thinking you want to know that once this person goes back on assistance will you be required to pay a portion of support so that the assistance paying party will not have to pay the full support obligation.
I would say no, for all the aforementioned reasons. The duration of co-habitation and the depth is far to minimal to warrant any support obligation on your part to this person. The split should be clean and simple.
Both parties get what they came in with and what they can show they own now. Void that nothing is split, and no support in any fashion is due/owed.

[Sk8r]

Common law for tax purposes is only 1 year of cohabitation so it makes sense that he would claim CL on tax returns. For Family Law it is 3 years.