filling for a divorce questions

[albertamommyof4]

I am hoping some one will be able to help me. I will be filling for a divorce probably with in a month, we have been seperated for over a year. I do not work and we still share the same account. I still pay all the bills( he does not live same place as me and kids) all the bills have both of our names on the account or him with me as living at address. The place i am living is rented with both our names on the lease. Now he doesn't pay actual support as i just pay bills out of jointaccount and also take out money for groceries etc. Now i have a credit card just in my name and i also have a bank account only in my name( has been since i was a teenager. I don't work so have no income coming in just the child tax credit and gst( both just in my own account) is he entitled to any of this money or no? if he is entitled to it should i start taking it out asap?
I am from alberta if that will make a difference in canadian laws.
Also i have not worked for 15 years as have 4 children although i have done daycare in my home for 6 months that i claimed will he have to pay me alimoney?
thanks for all or any help

 

[minnie mum]

I think you should call your local legal aid office. They're really the only ones qualified to offer you advice. Good luck.

 

[Gina-Gina-Bo-Bina]

I think you should call your local legal aid office. They're really the only ones qualified to offer you advice. Good luck.

Agreed.

This is one of those times where you don't want to be misinformed, even if the information and advice given is done so with good intentions.

 

[CdnCarrie]

http://www.cba.org/CBA/newsletters-sections/pdf/02-10-family_3.pdf

Link to info on how they determine CTC if you qualify. If you are the primary caregiver you can apply for CTC. If you share custody there are different rules.

 

[AJ1983]

Legal aid lawyer here Canadian, too!

While I can't offer you any advice on your particular situation (I agree with the pp that said call your local Legal Aid office to speak with a lawyer to determine what works best for your situation), I can tell you about spousal support (what the Americans call alimony).

Spousal support is designed to compensate for any financial inequality that exists between spouses upon the relationship breaking down. It is determined by examining each parties respective income (from all sources) and their monthly expenses. Then they look at the net disposable income (NDI) remaining for each party, and try to equalize that. For example, if one person has a monthly NDI of $2000, and the other person has an NDI of $200 after expenses, the court will make an order for support so that each party has roughly the same NDI. There are more specific formulas, and your entitlement to spousal support, or how much you would be entitled to, is something you would have to discuss with your lawyer, once he or she has received both parties financial information, but this pretty much describes the general purpose.

And remember, little ears hear a lot, so keep that in mind when your ex is frustrating you and you feel the need to vent. Do that over coffee (or a glass of wine!) with a girlfriend

Good luck!

 

[albertamommyof4]

I think you should call your local legal aid office. They're really the only ones qualified to offer you advice. Good luck.

thanks

Agreed.
thanks

This is one of those times where you don't want to be misinformed, even if the information and advice given is done so with good intentions.

thanks

http://www.cba.org/CBA/newsletters-sections/pdf/02-10-family_3.pdf

Link to info on how they determine CTC if you qualify. If you are the primary caregiver you can apply for CTC. If you share custody there are different rules.

thanks i already have dealt with child tax and do recieve it as he has no contact with kids

Legal aid lawyer here Canadian, too!

While I can't offer you any advice on your particular situation (I agree with the pp that said call your local Legal Aid office to speak with a lawyer to determine what works best for your situation), I can tell you about spousal support (what the Americans call alimony).

Spousal support is designed to compensate for any financial inequality that exists between spouses upon the relationship breaking down. It is determined by examining each parties respective income (from all sources) and their monthly expenses. Then they look at the net disposable income (NDI) remaining for each party, and try to equalize that. For example, if one person has a monthly NDI of $2000, and the other person has an NDI of $200 after expenses, the court will make an order for support so that each party has roughly the same NDI. There are more specific formulas, and your entitlement to spousal support, or how much you would be entitled to, is something you would have to discuss with your lawyer, once he or she has received both parties financial information, but this pretty much describes the general purpose.

And remember, little ears hear a lot, so keep that in mind when your ex is frustrating you and you feel the need to vent. Do that over coffee (or a glass of wine!) with a girlfriend

Good luck!

Thanks unfortunatly the kids are involved as they have been through a lot and want nothing to do with there father because of what he said and did towards them. Thanks for explaining it, i have no income other then the child tax every monthand the gst and he lives with family so pays no rent or utilities and almost no groceries. There kids reside with me full time. i will for sure be calling legal aid

 

[canopynut66]

do not know the laws where your at and I am not attorney here. best thing is to get the advise of attorney where you live sooner the better.if that is what you have decided to do.

 

[AJ1983]

thanks


thanks


thanks i already have dealt with child tax and do recieve it as he has no contact with kids


Thanks unfortunatly the kids are involved as they have been through a lot and want nothing to do with there father because of what he said and did towards them. Thanks for explaining it, i have no income other then the child tax every monthand the gst and he lives with family so pays no rent or utilities and almost no groceries. There kids reside with me full time. i will for sure be calling legal aid

Good idea! Legal Aid deals almost exclusively with family and criminal matters, so you are in good hands

 

[albertamommyof4]

Good idea! Legal Aid deals almost exclusively with family and criminal matters, so you are in good hands

thanks