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  • separation strategies

    Good afternoon, myself and my wife no longer are compatable together. She has move out with my son and her daughter (Victoria), not my biological daughter. She firstly, coached Victoria to tell her teacher that I hit her on the back of the head and Childrens Aid was notified. I called Childrens aid society and they reviewed the situation and have closed the file due to false/made up information provided by Victoria. Is this normal for a wife to be confrontational and make allegations of abuse. Why do they do this. Can this false allegation help me.

    I think my wife is a good mother but I would prefere a shared custody arrangement, equal time with the children. Would I still have to pay child support in a shared arrangment, Do I pay child support for my wifes daughter even though I am not her biological father, I did not adopt her and the mother does not want child support from her biological father.

    My wife makes about 15,000 dollars more than myself can I ask for spousal support. I was unemployed for about seven month and looked after the home last year which included cooking, cleaning, driving the kids to school etc.I have since returned to the work force.

    The company that made me unemployed paid me a lump sum for my time off because they did it illegally and returned me back to work. Is that lump sum considered a personal settlement as I had to hire a lawyer to negotiate a settlement. Is it a sum that I dont have to share with my spouse since it was a personal ingury/settlement. I did put that money I recieved into our bank account but expences ate it up. Is that an expence I can claim as personal settlement income and deduct it from my share.????????

    This is my first and hopfully last separation/divorce. Can anybody who has been through this give me any strategies and answer any of my questions.

    appreciate any help and knowledge. Thank you

  • #2
    Grant,

    welcome to the forum!


    The first thing you have to do is separate the issues.

    That being Custody, Access, Child Support, Spousal Support, property and debt equalization

    Custody - Both parent's are equally entitled to custody of the child. The paramount consideration is the best interest test. It appears that your wife has a defacto custody of the child currently. Joint custody is a definite possibility.

    Access - This is determined by the best interest test. Generally courts try to maximize the child's contact unless there is a cogent reason not too such as harm - (Harm would be classified as emotional, physical or sexual abuse)

    Child Support - You should be paying a tabled amount of child support for your child. Additionally, if you acted as a parent to your step child, you could have an obligation to provide child support for that child also.

    Spousal Support - Since you are married, the primary criteria is that you have need and the other party has means. Then there is a whole list of other factors.

    Property and Debt equalization- generally these are shared equally between the parties.

    Allegations - Unfounded allegations have been known to come back and haunt a party. Credibility is everything.

    lv

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