New and Worried

[bat2010]

Hello everyone,

I'm in the process of getting spearated and some things have me a little concerned.

1) is there a legal stipulation where i can or can not kick a spouse out of the house?

2) For financial, i love my kids like any great parent and will try to support them as best as i can, now with saying that. Our debt is extremely high and i pay for ALL the bills as she feels that she doesn't have to work. Now if we separate do the courts take this into consideration? As the only spare money after bills are paid basically pays for food.

Thanks

[Mess]

You are both residents of the home, even if it is a rental you both have the right to live there, just like the landlord can't kick you out arbitrarily, neither of you can kick the other out.

If you own the home and are married, it is joint property and both of your rights to access are even stronger.

You may go to court and seek a motion for exclusive possession. Unless there is some kind of violence or abuse involved, and you should be be able to back that up with police reports, then the process can take months.

For financial, if the debt is extremely high and especially if the money was spent supporting the family (ie you went into debt when laid off, or used it to pay for child care) then you can make a claim of "undue hardship". This is a very difficult claim, you can't just say "undue hardship" and not prove it. I would recommend going to a accountant or credit counselling service and getting a written report to back up your claims. Show that you have done your best to clean up your budget and consolodate your debt.

Then if your NDI after CS is below the other party's NDI, you have a case. It still remains to be seen what the counter arguments are, and judge has to decide. It is not an easy way out, it is a tough process, but if you are legitimate then this is what you would do.

Meanwhile, both spouses have an obligation to support themselves and the children. The other parent cannot simply not work and claim an income of 0. This is especially true if the child is of school age. You can seek to have a wage imputed, so if they work or not, they would still be considered to have at least that income for support calculations.

If the other parent has full custody, then Child Support is calculated according to your income, and the imputed income won't change that much. However it will affect expense calculations, and spousal support claims.

My personal advice is that your first stop should be a credit counselling service, try to get your finances in as good shape as you can, both so you have documentation and because this is going to be an expensive process no matter what. Then read as much as you can about separation and divorce, and visit legal clinics and/or get a free half hour consultation from a divorce specialist. You will get the most out of a consultation if you do your homework first and know what questions to ask and what details about your situation are relevent. Don't waste time with your lawyer ranting about what a sh*t your ex is, in other words.

[bat2010]

I live in goverment housing,

My finances are in good order and credit rating is extremely good, it's just a huge unsecured debt thats all. With high monthly payments but she still has to be responsible for part of the debt too right? So how does she get away from not paying her portion of the debt and me paying lots of child support if it goes that way?

[representingself]

Even though you may for everything, under the law, you cannot force your spouse to leave the matrimonial home.

Typically.... all assets and debts that have been accumulated since you married, are divided equally between both parties.

Depending on your custody arrangements, (sole, joint, shared), you will either pay the full able amount of child support, or a portion thereof using the offset method.

How old are your children? Has she been acting as the Primary Caregiver, while you provided the financial support for the family?

If you wife doesn't work, has few marketable skills, and has been a stay at home mom for a considerable amount of time, then is may be reasonable to assume that she will not be rushing out and getting herself a decent paying job?

If you have been married for some time and have been financially supporting her, you are probably looking at paying spousal support.

If you could provide a few more details about your situation, it will be easier for us to point you in the right direction.

[Mess]

I already told you. You need to go to a credit counsellor or an accountant so that you have more than just your own word about your debt when you stand in front of a judge. Any documentation you have that supports your claims about your budget will help.

Don't think that being in a situation where you are standing in front of a judge with just your word and some numbers on an affidavit will go smoothly. Do everything you can ahead of time. There are free credit counselling services available, use one and get a written analysis of your situation.

Then you can make your claim for undue hardship. That is the path you take.

If the debt is only in your name, but you spent it on the family, you have to be able to show it, not just say it. You are asking what to do, I am telling you, gather factual support for your claims.

Get this ahead of time and then when you are prepared, go to Family Law Information Centre (FLIC) at most courthouses and get a half hour consultation with a lawyer. Don't waste your time going in unprepared, get your information in order first so the lawyer can give the best advice possible.

[representingself]

I live in goverment housing,

My finances are in good order and credit rating is extremely good, it's just a huge unsecured debt thats all. With high monthly payments but she still has to be responsible for part of the debt too right? So how does she get away from not paying her portion of the debt and me paying lots of child support if it goes that way?

If you live in government housing, then I assume the reason is because you have children and neither of you work, or you are having difficulty obtaining full time, secure employment.

Even if you could kick her out, she would most likely take the kids and move into a new Unit, and you would be the one who would no longer qualify for assistance, and end up on the street.

She will be responsible for 50% of the debts that were accumulated since you got married.... but unless you petition for and win sole custody, you will be responsible for some child support.

If you are receiving OW, or ODSP then you would pay next to nothing.

If she is receiving mothers allowance, then every dollar she receives in child support is deducted off her monthly cheque, and therefore she gains NOTHING.

[bat2010]

Ok, clarification time as to me goverment housing is because i live on a military base.

1. I live in Military housing
2. Wife works part time as a cook
3. we will have been married 20 yrs this june
4. I have paperwork of all the times i got consolidation loans because she had high credit cards or when the bank gave her a 18k line of credit and maxed it
5. we have 2 kids 12/15

[representingself]

When you said government housing I assumed you meant subsidized housing... my mistake.

Ignore my last post!