c800957276
Member
I have two children with my common-law partner, they are ages 8 and 10. They have lived exclusively with me since July 2020. Back then, she moved to the USA to work as a nurse and the plan was that we move to Florida in the medium term. She was contributing financially until 2022 and after that she stopped contributing in any significant manner. She started using her assets, her earnings, her savings to buy properties in her name only in New Mexico, Florida, Pennsylvania, and Spain. Some of that debt is jointly held against the family home in Canada. As a result of this she carries all the assets in her name only, and I carry all the liabilities jointly with her. Because of our financial differences and some arguments that we've had about financial management, we broke up at the end of November 2025. I started a court case seeking child support for our two children since November 2025. Because she has stopped contributing in any meaningful way since 2022, I have amassed a staggeringly high amount of debt, roughly $120,000 worth of credit card debt. I also have about $80,000 to $90,000 worth of personal consumer loans, home renovation loans, things like that. If we add to the picture the remaining first mortgage on the home and the second mortgage that we took to buy her properties in the States, my debt is nearly $1,000,000. I have zero assets left. I am preparing to declare bankruptcy in the next couple of weeks. Right now all my money goes to pay interest and I cannot provide for the children that live with me full time.
Will my declaring bankruptcy be seen poorly by a judge in my quest for sole decision-making responsibility since the children have been with me since 2022 and I am the default parent, the primary caregiver? The children have flourished and thrived with me. They are top-of-the-class students, well liked, well behaved, loved by everybody, friends and family. Their mother visits once a month for two or three days but that is the extent of her parenting. For instance right now she's on a three-week vacation in Spain while I am watching the kids here in Ontario.
Can anybody explain to me the issues that I would face in court after declaring bankruptcy while at the same time claiming that I am the default parent, the responsible one making the better decisions for them? I am declaring bankruptcy to be able to provide for them. Right now I service too much debt and I have literally no money left for anything other than the necessities of life. By restructuring my finances, I'm going to be able to control my money, control my cash flow, and offer my kids more opportunities.
Will my declaring bankruptcy be seen poorly by a judge in my quest for sole decision-making responsibility since the children have been with me since 2022 and I am the default parent, the primary caregiver? The children have flourished and thrived with me. They are top-of-the-class students, well liked, well behaved, loved by everybody, friends and family. Their mother visits once a month for two or three days but that is the extent of her parenting. For instance right now she's on a three-week vacation in Spain while I am watching the kids here in Ontario.
Can anybody explain to me the issues that I would face in court after declaring bankruptcy while at the same time claiming that I am the default parent, the responsible one making the better decisions for them? I am declaring bankruptcy to be able to provide for them. Right now I service too much debt and I have literally no money left for anything other than the necessities of life. By restructuring my finances, I'm going to be able to control my money, control my cash flow, and offer my kids more opportunities.