Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Closed Thread
 
Thread Tools
  #1  
Old 09-01-2010, 02:00 PM
preciosacalderon preciosacalderon is offline
Junior Member
 
Join Date: Aug 2010
Posts: 5
preciosacalderon is on a distinguished road
Default sponsored common-law wife after a very bitter separation

My ex sponsored me as common-law wife together with my 5 kids here in Canada, 5 years ago. He is a corporate lawyer[ I didn't know from the start that he's a lawyer not until, he told me that he's going to sponsor all of us. We are very much in love with each other. We don't have any problems with my kids. They loved him and vice versa. But his eldest son [he has 2 kids]a very big guy at the age of 27, weigh more than 200lbs., 6'2 ft., tall, doing nothing but watch me if I'm gonna make mistakes. his father is asking to go to school or find a job, but he ignored it. Before we came here, his father told me that everything is gonna be alright, that his son is okay with our idea. We lived together and known each other 3 years before we decided to get my kids and permanently live with them. His daughter is living with his ex-wife because she doesn't wanna stay and be together with her brother. They're always fighting. We live together for 2years and 11 months[ actually 3 years but 1 month before becoming 3 years, we're sleeping in separate bedroom]. By then, I didn't know anything about the law, Those years have been like a hell for us. Always problems, which is always coming from his son. He even write us an eviction letter forcing us to leave soon. I don't know anything about Canada, Anything! And it's been hard for me to step forward because I'm very confused and scared on what's the first thing to do. By the way, he signed in his oath-taking, that he's gonna be responsible for us for 10 years.
It's been 5 years now, and I'm in school, my kids are still with me. I need to sign another contract of lease, but at first he refused to give us anymore his support. But later he said that only up to August of next year, and then he will stop. I'm thinking that what if I can't still make it by myself? Can I appeal, that he should finished the 10 years? I'm thankful because until now he's doing his responsibility, but I'm not ready yet. I'm just starting to build a new life of my own. He said that we're not a common-law because we didn't reach 3 years? is that true?
  #2  
Old 09-01-2010, 02:06 PM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

What are you trying to say? Is he your ex even though you're "very much in love with each other"? Are you sleeping in separate bedrooms?

Please re-read your post and give a better description of what is happening and what you want to know.
  #3  
Old 09-01-2010, 07:15 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

You knew each other 3 years before moving in; means nothing.

His son is a jackass; means nothing.

He sponsered you into Canada, signed as guarantor for 10 years; this is unusual, it is normally 3. It is an Immigration rule, not a family law rule. AFAIK this is rarely enforced, unless you go on welfare. It means nothing in a Family Law court.

He split up with you at 2 years 11 months, he is a lawyer and he knew what he was doing. This was to avoid any possibility of spousal support.

"It's been 5 years now" since what? Since you split up or since you moved to Canada? Has he been paying support to you for 2 years, or 5 years? After a 2.9 year relationship? The courts would say that you've gotten plenty.

You are not sure what you can do about supporting yourself? What would you have done if you had never met this man? How were you supporting yourself before moving to Canada? How do Canadians put themselves through school? These questions aren't meant to be mean, they are what you will face from his lawyer if you pursue him for support.
  #4  
Old 09-02-2010, 12:51 PM
preciosacalderon preciosacalderon is offline
Junior Member
 
Join Date: Aug 2010
Posts: 5
preciosacalderon is on a distinguished road
Default

no! we've known each other for 5 years, before moving in with him on those 5 years, we've been through a lot, or shall I say, he's been throough a lot & I've been with hime through thick & thin.You don't know the new law? It's not 3 years only..., And for your info, I am well-off in the Philippines, earnings $ will I'm just sitting there. I have my own Company that's running smoothly. Then, he insist to sell or give it to my sisters and that's what I did. Then he just did this to me knowing and never taught me what to do as new Citizen of Canada. I've been so greatful, and he knew that and I wll be for the rest of my life.

all I'm asking for is HELP to know the real answers to my questions? Not criticism. You don't know what me and my kids have experience qith his son's cruel hands!
  #5  
Old 09-02-2010, 01:23 PM
billiechic billiechic is offline
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,373
billiechic is on a distinguished road
Default

Are you working at all? What are you taking in school? what are your plans for the future to support yourself?

Is the father of the children providing support?

You need to make a plan for your family's future, and don't count on this guy to support you financially. You can stay here and make a life for yourself, or go home and start over there. Either way he has no real obligations to you and it is not worth the fight. Especially if he still has a relationship with your kids.
  #6  
Old 09-02-2010, 06:17 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Quote:
Originally Posted by preciosacalderon View Post
all I'm asking for is HELP to know the real answers to my questions? Not criticism. You don't know what me and my kids have experience qith his son's cruel hands!
You aren't being at all clear about what your questions are, and you aren't being clear about your circumstances so that we can answer your questions.

How long have you been in Canada? 5 years or 8 years? No one can answer your questions unless you fill in the blanks.

No one is criticizing you, the reality is that you do have some obligation to support yourself, and without knowing why you cannot there is no way to know if you have any entitlement from this man. You have to inform us more details about why you cannot work if you want to know if you are entitled to any support.

The immigration rules for support only apply if you go in Social Assistance (Welfare) and he would have to repay the goverment the assistance amount, not pay you. The immigration department cannot force him to pay you support directly. Immigration laws have nothing to do with the Family Law Act, which is what controls spousal support payments.
  #7  
Old 09-02-2010, 06:30 PM
blinkandimgone's Avatar
blinkandimgone blinkandimgone is offline
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,407
blinkandimgone is a jewel in the roughblinkandimgone is a jewel in the roughblinkandimgone is a jewel in the rough
Default

I posted this linnk for someone else before, it might have some helpful information for you too:

Canada Immigration and Visa Discussion Forum
  #8  
Old 09-02-2010, 07:05 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Preciosacalderon,

Welcome to the forum.

The contributing members can only comment on your originating post on information that you provide.

I suspect further questions were asked by them to determine a solution or answer to what you are looking for.

I'm baffled why you appear to be afraid of the individuals 27 year old son. What did they do to you or your kids?
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Ex common law wife not paying her fair share alarmguy1 Divorce & Family Law 6 09-22-2011 10:06 PM
Common Law Separation Agreement Justfine General Chat 4 01-04-2011 07:51 PM
common law separation concernedfriend1234 Divorce & Family Law 6 03-16-2009 09:11 PM
Toronto/Ontario - Common law separation - what if zed Common Law Issues 8 12-12-2008 10:48 AM
In the acceptance stage of common separation... mrmom Common Law Issues 3 11-11-2006 04:31 PM


All times are GMT -4. The time now is 10:16 AM.