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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-23-2011, 12:45 PM
Greenrooster Greenrooster is offline
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Default *First Post* CL questions...need advice!

Hi, Thanks to alll who have posted q & a in these forums.. I have spent some time reading to get aqcuainted, and now need some advice.

My common law partner and I split in October 2009 after 5 years. She left me, although I was grateful for her to leave. We have a 7 year old son.

We bought a house together which we are both on the title for. I have been paying the mortgage solely since she left. She rents a house in an upscale neighbourhood 25 mins. away. When we split - she said that she would take the high road, and didnt want house compensation $, as she didnt pay towards it. (My down payment and gift $ from my parents)She did pay some bills for most of the time we were together. She worked only occasionally because she was finishing up with school and teachers colege. Her parents gave her the money for school. Upon completion of her degree, the plan was for me to go back to school. She moved out instead and I am still working the same dead end job where I earn just enough to keep me out of the red.

Things have been fairly amicable. We tried to reconcile things last year, but it didnt work out.

Now that I have a girlfriend.....she is out for blood. She has become suicidal (has always suffered from mental health issues for which she recieves treatment and meds) She wants half the house and as much child support as possible.

We only have a verbal agreement on custody (he is at her place 4 nights a week and mine 3 nights because I work at night) and havent prepared a proper seperation agreement (because all seemed like it was going fine).

Im wondering if I have a case for unjust enrichment based on the fact that she was able to focus on her studies while I paid the mortgage and some bills making her employable in a high paying career. She now has a good paying job as a teacher. I am a waiter.

I have lots of other questions, but will post them at another time.

Thanks in advance.
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Old 03-23-2011, 01:12 PM
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billm billm is offline
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If she makes more than you, then she pays you child support given your child access of 43/57

ummm, do mean literally suicidal? Should she be taking care of your child at all?
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Old 03-23-2011, 01:38 PM
Greenrooster Greenrooster is offline
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Yes...literally suicidal. Only in thought though, she didn't attempt - but did have a plan.She took a week off work and had to check in with her doctor regularly. Her mother assisted with child care during this desperate time, and now they shrug it off like nothing happened (it was six weeks ago).
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Old 03-23-2011, 02:14 PM
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How is child support calculated? Could someone direct me please?
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Old 03-23-2011, 02:22 PM
dinkyface dinkyface is offline
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Re the house (I think the answers to both questions below are no, but just to clarify):
- Did she contribute downpayment? If yes, then she should get it back.
- Did she contribute significantly towards mortgage payments (plus downpayment)? If yes, she should get 50% of the equity that you had when you split. Probably in 5 years you did not build up a a lot of equity in the house beyond the downpayment - unless you were using accelerated/increased mortgage payments. Half of the house's full market value is ridiculous.

You didn't damage your career by supporting hers, you just deferred your education plans. And instead, you focused on building up equity in YOUR house. Yes, it seems like she got *somewhat* of a free ride while you were together, but my understanding is that successful unjust enrichment claims have to be pretty significant and clear. However this is VERY useful as an argument that she should have NO claim on your house.

Re CS: Yes, she should be paying you, since she earns more and you share within 40-60. If you are earning less than 20K, then probably your amount should be based on $20k. The rules are quite unambiguous on how to determine CS. Google 'Federal Child Support Guidelines' for more info.

Last edited by dinkyface; 03-23-2011 at 02:32 PM.
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Old 03-23-2011, 07:08 PM
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Quote:
Originally Posted by Greenrooster View Post
How is child support calculated? Could someone direct me please?
When you each have the child about the same amount of time (ie between 60/40 and 50/50), then you use 'the set-off method'

Each year using tax return notice of assessments, line 150, you each look up your CS table amount. Subtract the difference (that is the 'set-off' part), and the greater income earner pays the lesser the difference.

You automatically adjust each year, for the following year.

Any shared expenses that are normal and not directly to do with your own house you share 50/50. (Like clothing, school trips, etc).

Any extraordinary expenses (like expensive sports, medical, dental), you share according to the income ratio used to calculate CS.

You need to both have a tax return that reflects your actual income - otherwise you need to agree to a better method. Since you are a waiter, tips comes to mind for example.
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Old 03-23-2011, 10:12 PM
rmccallion rmccallion is offline
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Child support amounts are calculated based on the number of children that the person is paying support for, their annual income and their province that they live in. There can be some deviation from the guidelines, but generally, they are accepted. Keep in mind that the guideline amounts are exclusive of S7 expenses. In order to calculate the amount of child support in your circumstance, there are a number of online calculators. Try googling the term "Federal child support guideline calculator" and look for hits from the government. There is also a site called Child Support Calculator in Canada: guidelines, support amounts based on income. I assume that it uses the same tables, but I can't vouch for it's accuracy, but it should be exactly the same.
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Old 03-24-2011, 11:40 AM
dinkyface dinkyface is offline
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This calculator does not work for situations where both parents have within 40-60% of time. Check the Guidelines site instead.

The Federal Child Support Guidelines: Step-by-Step
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