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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 12-23-2009, 11:07 AM
hrobins hrobins is offline
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Default Some questions about divorce laws

I need to ask a few questions about Canadian divorce laws, as I said in my intro post I happen to be from the states. I know the laws down in Georgia, but not up here. Can the courts make me pay child support for my stepson, even if the bio father is involved in my stepson's life. My stepson never saw me as a parent or anything but the person who put a roof over his head and provided the food. Next question i have is, should I pull my wife and stepson off my insurance at work? I still have them on my plan and debating if I should pull them off. Last question, my soon to be ex wife is asking me to pay spousal support, yet she is working and able to provide for herself whould the courts up here make me pay it anyways? Sorry for the bad english, as I am at work and don't have time to correct my mistakes.


Thanks for allowing me to post this questions. Talking to my lawyer only cost me a ton of money and I don't get a lot out of him.
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Old 12-23-2009, 01:25 PM
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If you put a roof over his head and provided food, the courts may conclude that you acted as a parent, even if you and the child don't see it that way. The mother may argue differently. That could obligate you for CS. How long were you liviing together?

I wouldn't take them off your insurance, at least until you get closer to settlement. How long have you been separated? You want to be appearing child centred and reasonable and that may not look good.

SS is more art than science, and will depend on how long you were together, the discrepancies in your incomes, whether she gave up a career during the union, your means to pay and her needs. There's lots to read up on in this category.
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Old 12-23-2009, 02:11 PM
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We were married for about 10 years, and she woulf noy work. I was stuck having to pay all the bills and at times it was hard. She refused to help me with the bils and tried to use every excuse in the book as to why she chouldn't get a job. As for a career she never had one to start with. Well the mother would say that I did act like a parent. I have people that are willing to state in court that Jon saw me as a parent. Plus the real dad still takes Jon out and does things with him, just that the real dad won't pay child support.
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Old 12-23-2009, 06:42 PM
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The "real" dad won't pay support, but now you are being asked to?
Can this be right, can he sue the Bio dad for support?
Wow! is all I have to say!
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Old 12-23-2009, 08:23 PM
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Quote:
Originally Posted by toomuchstress View Post
The "real" dad won't pay support, but now you are being asked to?
Can this be right, can he sue the Bio dad for support?
Wow! is all I have to say!
Both Dad's are on the hook. It just that the bio Dad is stiffing his kid. Doesn't impact the step Dad's obligation. Ten years is a long time.
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Old 12-23-2009, 09:52 PM
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Quote:
Can the courts make me pay child support for my stepson, even if the bio father is involved in my stepson's life.
Yep they can. It's called acting "in loco parentis". Bio-Dad is on the hook for CS as well. Talk to your lawyer, there is a way you can bring him into it, and it will reduce the amount of CS YOU have to pay.

Quote:
Next question i have is, should I pull my wife and stepson off my insurance at work? I still have them on my plan and debating if I should pull them off.
Talk to the insurance company about what their policy would be. I imagine that the stepson should stay on until you get details sorted out in court. The wife will probably have to be taken off. (That's how it worked with my benefits when my wife left, but your mileage may vary...talk to the provider)

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Last question, my soon to be ex wife is asking me to pay spousal support, yet she is working and able to provide for herself whould the courts up here make me pay it anyways?
SS is kind of an "iffy" proposition. Depends on the marital assets (if any) that are to be divided up, as well as the difference in your current income versus hers. Even depends on the judge you draw, as well as their mood. They have a significant amount of leeway in certain areas. If the difference in your income vs her income is negligible, probably not. If the difference is drastic, then you may be on the hook for something for a predetermined timeframe.
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Old 12-25-2009, 10:35 PM
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I will contact my provider after the holidays NBDad, and thanks.
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