I'm not sure if I'm in the right place or not, but I'm very unhappily married, miserable actually and want to divorce my wife. I have a 1-year old son, and have not been married long. Just over two years. I don't make a ton of money, and want to know whether anybody knows if I will have to pay my wife both, spousal and child support when this is all said and done? She works part-time, and always worked during our marriage. Does that make a difference? Also, should I try to amicably agree on a Settlement Agreement, or retain a lawyer. I don't have alot of money. I make a modest $40k/year. Any suggestions, wisdom would be greatly appreciated. Thank you.
Due to the duration of your marriage, it is
very unlikely that you will have to pay spousal support,
(it will be solely the Judges discretion).
However, if you do end up being ordered to do so, it would be for 2 years max.
As far as child support is concerned, I am assuming that you are still living with your wife and child.
If that is the case, you have an excellent chance at being awarded joint custody/shared parenting, and as such, would have to pay little if any child support, as long as the child is living with you at least 40% of the time.
If you leave your wife and child for any length of time, she will automatically become the primary caregiver, and "status quo" will be established.
You will most likely be granted "access". If such access is less than 40%, you will have to pay child support based on the
guideline amount, based on your gross income.
Example: If you make $40,000/year in Ontario, the amount of child support you would pay for one child would be $367/month.
You would also have to pay your "share" of any Section 7 - "special and extraordinary" expenses, pro rated to your income, (daycare, medical, dental, post secondary etc).
Federal Child Support Amounts: Simplified Tables
All assets and debts incurred since the date of marriage will be split 50/50.
If at all possible, TRY TO NEGOTIATE an agreement with your wife... Litigation can be VERY EXPENSIVE and lawyers will turn your relationship with your wife into something horrible and nasty.