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

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

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  #1  
Old 12-21-2015, 07:47 PM
bmw1122 bmw1122 is offline
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I had a quick question.
I'm going back to school so I had to apply for OSAP.
(I can't work, HR advised they cannot accommodate as its beyond what they're obligated and anywhere I apply I don't get a response primarily due to this new disability that I'm still adapting to)
My question is that I'm in the middle of a divorce, she only filed separation documents. 2nd court date is in February.
Am I considered separated when I fill out the osap forms?
I've sent a settlement to her. I'm paying whatever CS for B3 I can since I have no income, savings are gone.
Is there anything I can ask the courts or in the settlement for a modified CS since it's been almost 2 years when I was fully able to work. Yes, I know I'm obligated for CS as its my duty.
Thank you, this has been an amazing resource.
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Old 12-21-2015, 09:42 PM
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How long have you been separated?

CS should be based on your current income. Apply to have it changed.
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Old 12-21-2015, 09:56 PM
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Will be 1 year in Jan.

My income for 2015 is 0 for 2014 is 27k as I was injured most of the year
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Old 12-21-2015, 10:00 PM
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But I was away in the beginning of the year, we were doing counseling till July don't know if that plays a role in separation because she never mentioned she wants to end it even during counseling sessions
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Old 12-21-2015, 10:37 PM
standing on the sidelines standing on the sidelines is offline
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I was told by my lawyer that once we both started the proceedings (not court, just getting the lawyers and starting with letters and offers) that we were considered separated.
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Old 12-22-2015, 01:23 AM
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So I would be considered legally separated?? I mean I can say that officially or its just understood? sorry i'm trying to understand how to put it on the forms
In this case what if the people got back together they're not separated anymore?
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Old 12-22-2015, 01:48 AM
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Did you/do you have a separate mailing address, i.e. bills and other correspondence for you doesn't go to your wife's address? I was told by one lawyer that this is the practical test of whether you can refer to yourself as separated or not.
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Old 12-22-2015, 02:43 AM
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I see what you mean. Even while married she had half her things on her parents' address now everything is there. So legally its implied im separated but officially not yet?
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Old 12-22-2015, 08:45 AM
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Quote:
Originally Posted by stripes View Post
Did you/do you have a separate mailing address, i.e. bills and other correspondence for you doesn't go to your wife's address? I was told by one lawyer that this is the practical test of whether you can refer to yourself as separated or not.
I guess all lawyers have different opinions. I was still living under the same roof as the ex till I bought him out but my lawyer said we were separated and if I won the lottery (damn it still waiting) he would have no claim on it as we were separated.
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Old 12-22-2015, 10:09 AM
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the attached article takes a stab at this topic on determining if you are separated:

Whether you are occupying separate bedrooms;
Whether you have sexual relations together;
The degree of communication between you and your spouse and whether you discuss family problems together;
Whether one party is providing domestic services for the other;
Whether you eat your meals together;
Whether you attend social activities together.

What is the Difference between being Separated and being Divorced? - nelligan | o'brien | payne


Here is another article:

http://info.lawyershop.ca/archives/2...al-separation/
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