ON Canada - you need to see your lawyer on this. My experience with a past client, as this issue will arise for a property co-owned after a divorce, they were advised to sell the property, split the profit and part ways. A lawyer would be able to give you a better opinion on this matter.

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Ok heres the situation. i am in the middle of my divorce me and my husband came to an agreement for child support we also agreed that he is going to move out and pay the mortgage until it is sold so he will not pay child support for our 3 children until it is sold. during our marriage he had a baby by his side chick a mth younger then my 9thm old. me and him drew up a paper with the amount of suport he is gonna give her for now until our bills are paid off. well she was down for it before but now shes like tell her to stay out of our business. she is a young girl this girl. so she is hard to deal with. my thing is no one asked her to deal with a married man and have his baby. we have bills to pay off so both of us can move on with our life. she said she talked to a lawyer and can get alot more whic i dont think is true as we have way to many bills and have 3 children she knew he was married when she got involved with him. by all means no one is tryin to give her baby less cuz i have gone out and bought diapers formula, clothes, furniture for that baby. my question is can she get more money or does the judge look at his family expenses first? yea the paper work is almost done. the child support paper is already filled out. i had this email for the past 10 years i have never changed it lmao.. that is why it says that lol. when it comes to my children i do no play my children are number 1. my daughter will be in college in 4 years and we have alot of cc debt and im about to go back to work with my old job so as of right now im not working cuz we decided i shoujld stay home with my baby. unfortuanately when i decided this who know the job market would get this bad. i was just wondering. as for the girl i try to reason with her for the kids sake cuz this lil girl is my childrens sister. no one by all means is trying to give this baby less. when she needs diapers and hes not gonna be in the state i get it for her. i boguht her all her xmas stuff easter stuff. im a good person and i just want this all to work out. he has 2 fedex trucks and self employed and someone works for him plus the mortgage and medical bills. she gets wic and they pay for her townhouse all she has to pay is for her lights n water. but she gives her foodstamps to the people seh is living with right now to make up for the rent money. she is not workin and not lookin for work and drives one of her boyfriends all over the place then at the end of the day she has no formula for her daughter n this is what frustrates me. how she gonna drive people around town and then have no formula for her daughter.!!! 11. child support: the support guidelines set forth the amount of support which a spouse or parent should pay on the basis of both parties' net monthly incomes and the number of persons being supported. if it has been determined that there is an obligation to pay support, there shall be a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. if the amount of support deviates from the amount of support determined by the guidelines, the - - 7 - trier of fact shall specify, in writing, the guideline amount of support, and the reasons for, and findings of fact justifying, the amount of the deviation. in deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider: (a) unusual needs and unusual fixed obligations; (b) other support obligations of the parties; (c) other income in the household; (d) ages of the children; (e) assets of the parties; (f) medical expenses not covered by insurance; (g) standard of living of the parties and their children; (h) in a spousal support or alimony pendente lite case, the period of time during which the parties lived together from the date of marriage to the date of final separation; and, (i) other relevant and appropriate factors, including the best interests of the child or children.

She could very possibly get more money. That's hard to answer without knowing the financial situations all around.

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Have three children, ages 2,4 and 7. i returned to a professional job full-time just before h moved out with a mutual acquaintaince. he wants to settle the divorce and agree to one amicably. my lawyer has asked what do i want? where do i start? i am so numb and confused that i fear forgetting something. i earn $50,000 per year. he earns $300,000. my chindren are now in public school but my middle child is has learning issues so that may change. we are buying our house. the mortgage is $150,000, it is worth $270,000. my husband was not a partner at his law firm when we married. he is now a partner and $120,000 into the firm. in five years, if he stays with the firm, he will make about $800,00 per year. because he has the children one more day than i do every 14 days, he wants me to pay him child support i gave in to giving him the extra day when we were supposedly amicably separating an no lawyers were involved and i was stunned still in exchange for 1 extra vacation week.

You have your lawyer use the state calculatons for figuring child support - it is based on your salary and your husbands salary and the number of children . Have part of the agreement to include that it will be re-figured every three years based on incomes and get a stipulation that you receive 25% of the net of each and every bonus he receives. You can ask for alimony but remember that you have to pay taxes on that and you do not have to pay taxes on the child support. Have your agreeement include his continuing to carry health insurance on your children including vision and dental. Include that you will split all bills not covered by insurance 50/50. Have it spelled out in the agreement about who gets to claim the children on income taxes. If there are an even number of children then split them, if uneven then split evenly and then the extra one you get on even years and him on odd years. Write in the agreement that you want your husband to carry a substantial life insurance policy on himself with the children as the beneficiary for them to be cared for in case something happens to him. Have yourself named as custodial parent with joint custody between you. If the children split the time between you evenly then you might have a problem with child support, but if it is uneven then stipulate that the child support can stop when they are with him but you are not paying him. On visitations have it spelled out who transports the children back and forth or can you meet half-way. Make a stipulation if one of you leaves the state and put in a clause that one parent cannot take the children out of the state without the consent of the other one. Lastly have him sign over the house to you and you make the payments or tell him he can have the house and pay you half the equity in it. All this was in my husbands divorce decree with his first wife Good Luck.

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Can a father win custody if he is the financially stable one because mom was a stay-at-home parent? she cannot afford to pay for the mortgage and bills without the husband. 2 infants are involved. is there support or time allowed for a mother to get back on her independent feet? she would be the one to initialize the divorce and there have been past incidences of domestic abuse and arrests of the husband but with no convictions except a dui he had years ago. also, could mom go to puerto rico with her children to stay with her father if he is all she has as help?

Marcia Clark (OJ Simpson Prosecutor) got custody even though he was a stay at home dad. It was based on the grounds that he was an embarressment to his children and to Ms. Clark because he just a home designer and made only $30,000 a year compared to her $180,000. I got a copy of the file one hour before she filed her motion to have it closed. of interest, she demanded 25% of his income for child support, plus that he cover the additional cost she was incurring for cloths, shoes, and makeup for the trial.

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My husband is a major douche bag...no need to go in to specifics. he's a horrible husband and father (selfishness and temper gets the best of him). i had never considered divorce until recently because i'm tired of trying to work with him, but i was trying to figure out how i could afford to be a single mother (i can't just jump in to this with a plan). after doing an online calculator for estimated child support, i found that he wouldn't even be paying enough to cover the day care each month. his estimated payment would be about $200 dollars less than day care. so after adding in his cs to my income and taking away day care, i have $100 short of paying the mortgage....without having paid any other bills. if i had a roommate in my house, i could make the mortgage, but only have like $600 left for food, gas, utilities, insurance, etc. for me and 2 toddlers. that's not enough....not to mention if they need new shoes or anything else. then i checked out food stamp assistance in my state. i make just barely too much to qualify for anything at all. i don't want to ask for alimony, i don't want anything at all from my husband for myself. how is a mom to make it in a world by herself if she can't live with her husband any longer? the kids will always come first, and i will sacrafice my happiness to make sure they are provided for, but it's not just my happiness or a money issue, my husband is an awful father and he is teaching them bad traits on a daily basis. i feel stuck. stay so i can make sure they eat good regularly and always have the physical things they need or leave so they can become well balanced, secure and decent human beings. both are very important to me and i don't see how they can have both if i stay or go. any advice would be lovely...sorry it's so much reading. an apartment big enough for me and my children will cost about the same as my house if i have one roommate sharing the bills with me. i've done a lot of research. so giving up the house for an apartment won't really get me anywhere closer to where i need to be...thanks though. thanks sunshine, i did the estimate calculator for my specific state, it asked me a whole lot of questions and came up with a low amount. maybe it was wrong....idk....we're in california and i imagine it wouldn't be too much different than ny.

Every state is different. I live in NYS and my ex was responsible for paying 17% of his annual income for child support. In addition to that he was responsible for paying 60% of child care expense and 60% of medical coverage for our son. That was based on our income. He makes a great deal more then me so he paid the larger percentage of those things. If you leave he will pay child support based on income and whatever percentage is used in your state, he will also be responsible for covering a portion of child care, medical and unpaid medical. You just need to find out how they come to a figure in the state that you reside. Child support services will be able to help you with that information. You aren't responsible for all the expenses if you decide to leave. Get the information you need to make an informed decision first. Add On The calculator thing is just a simple tool. When/if you speak to an attorney they will get more detailed for you. Basically if our incomes were within 2k of each others it would have been a 50/50 split for child care and medical but since he made more it was a 60/40 split. I'm sure in every state both parents are equally responsible for these things. If you go to child support services they will need at least the last years W2 for your husband and a statement from childcare provider stating what you pay yearly as well as for medical coverage. They can give you a much better idea as to what to expect in addition too child support. Good luck

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My husband is driving me crazy. i have a 7 yr old daughter; who's dad is involved. some weeks my husband loves my daughter and somedays he hates her. he wants us to have a child together...but i'm afraid it will make my daughter feel even more neglected. my husband refuses to pay for toiletries that are specific to my daughter's needs like shampoo and soap. he says that since i get child support...he is not responsible to pay for those things. he tells me that he doesn't like my daughter and he wants to be number one in the relationship. we have been married for 5 months now and things just seem to go back and forth. one week its great and then the next week it's crazy with him threatening to leave or my telling him he should leave bec. he is cursing me out and yelling at me that i am willing to choose my daughter over him. how am i supposed to have a man leave with me and my daughter if he doesn't even like her??? also...recently i have found him responding to women on websites and giving out his number just bec. he was bored or angry with me and thought our relationship was ending. he's never had an affair...but i feel emotioanlly betrayed here. ultimately...what do i do? he didn't even buy my daughter anything for christmas. i bought everything for him and his family and he just told me to write his name on my daughter's gifts as if it was from both of us. additionally...we do not share any joint bills. my husband has determined that he will just give me $850 a month and pay for groceries.while i pay for the mortgage and my car. i use the money he gives me for misc. bills. we also dont own the condo i live in. i own it exclusively and paid for all the furniture in it as well. he just moved in. i also pay for his health insurance, do the laundry, cook and clean. so bottom line...should i divorce this man?

Yes. This is a marriage made in "billy bob" hell. He's abusive. The sooner you get out or get him out, the better for all parties concerned.

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And that it is fair. many women do the honorable thing and keep working, paying half of the bills, including the mortgage. it is only naturally that after she payed her half of the house, she gets her half back. however some women prefer to stay home and feminists justify them getting half of the assets and savings with, she stayed home and that is regardless if children are involved or not, she gets half the assets. i know it is the law, but how is that morally right? why do feminists think that is some kind of justification, that makes this law, which is morally wrong in my opinion, morally right? you are supposed to share in a marriage, not after the marriage. after the marriage you should only get back what you contributed. if you payed 1/4 of the mortgage you should get 1/4 of the value of the house, or none. maybe that will motivate more women to keep working after they have children and to get degrees they can actually make money with. sarafina, your son wont be 3 months old for ten years. also like i said, the law does not care if children are involved or not. bluebards wife, how does, in marriage there is no mine and yours, its ours, translates to she getting the house if she wants a divorce? if you are married you are married, if you are not married anymore you aint married anymore.

because being women is apparently a handicap that requires special treatment

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My husband has 2 sons ages 21 and 15 with his ex wife. they have been divorced 6 years and she has major financial issues (behind on mortgage, car payment, taxes etc). my husband pays half his take home pay every month in child support and alimony....but it is never enough. he has helped her by paying all the medical bills (even though she is supposed to pay 50%) he buys all the kids clothes and he financed 18 months of college for his oldest son who couldnt be bothered working and dropped out without a single credit. this son now refuses to work too and they are both just looking for handouts from my husband....if my husband refuses his oldest son refuses to see him and tells him he is deadbeat dad. he paid off her car loan too. the younger son is a hard worker and was doing really well in school but now he is getting resentful because his mother keeps telling him that if their father helped out more then they would not be in this financial mess and he believes her and is now telling his dad he doesnt want to hang out with him unless he helps their mother more. i dont know what to do....he loves his kids and wants them to be ok. it is not their fault that their mother is so messed up, but how long can this go on. i am starting to get resentful too. i have 2 girls in college who i would like to help occasionally but cant because his ex and son are like parasites. ex wife also bad mouths me to anyone who will listen. why is she so bitter? she wanted the divorce not my husband and i was not involved so why is she so angry at me and my husband. thanks for any help with this.

Sorry but its your husbands fault for being nothing but an open wallet for the last 6 years.. he has set himself up for this turn of events .. although he has done it out of the kindness of his heart now instead of the x wife becoming more independent she's become more dependent on him... and as far as the 21 year old.. guess what he helped raise a lazy slug that depends on mommy and daddy to pay his way in life .. so he's enabling his son to be that way to.. so he can either continue to be the open wallet and get walked upon and guilted every time he doesnt hand out money or he can do something about it.. heres an idea.. instead of "HANDING out money to his boys.. how about putting them in a position that they can earn money.. now if they come over and do odd chores ect and earn the money, then turn around and want to give it to their mom.. fine its theirs to give at that point.. but i doubt when they have to sweat it out to earn it that they will want to give it to anyone else.. but i wouldnt hand over a dime extra unless its directly to the boys and i cant see how for the 21 year old especially that it shouldnt be a handed over situation he should definately earn anything that he wants his father to give him..

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First of all i'm getting different advice from people about what i should do. here is my situation, my husband and i are getting a divorce we have no children together so custody will not be an issue. i really can't afford an attorney i am receving unemployment even though i do qualify for legal aide they can't help me because they dont take on cases where there is shared community property involved or any 401k"s so that rules me out. should i just represent myself or spend thousands & thousands & thousands of dollars for an attorney to get me nothing from this man? he's not wealthy or rich he basically has nothing to give me anyway, both of our names our on the deed for the house which i dont want for one thing he's upside down on the mortgage it's like $293,000 and the home is only worth about $100 grand its not like im going to get any money out of it anyway. he does have a marketing job but he's making very little but more then i am though. everything that he owns or we bought during the marriage is in his name except for the house. half of the people i've talked to said why spend lots of money for an attorney when he has nothing to give, and then half are telling me that i should seek an attorney to represent me in court just in case he screws me over as you can see i'm totally confused on what to do my head is spinning. his attorney is asking the court for me to pay all of his attorney and court fees and also wants me to pay him spousal support. the attorney he has is doing this pro bono and it happens to be his bosses daughter and she also works on the side with her mom and my husband, thats sounds like a conflict of interest to me. does anyone think i would get screwed by representing myself? any advice would be greatly appreciated. thank you so very much..

Why not just pay for a consultation with a reputable attorney in your area and see what information he or she is able to provide. If there really are not any "hidden issues", then you should feel comfortable proceeding pro se (without an attorney) but if you feel there may be issues that need legal attention then you could hire the attorney. It's possible to hire an attorney to review the proposed settlement agreement without paying the attorney to come to court and do other laborious work that costs lots of money. Good luck and God Bless.

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I am a young father who has a 6 month old child. i was served with divorce papers along with an order of protection on my birthday. she lied to the courts saying i was violent with her etc. she knew how much this would hurt me by not seeing our 6 month child. i was a very good father and husband who worked 50 plus hours, came home cooked, cleaned up, and feed our baby before night time. i helped clean the house and went above and beyond. i am trying to stay strong through out this process, but it has been hard to accept. i am not allowed near my home where i am paying the mortgage and most hurtful of all, i am not allowed near my daughter who i love dearly. i have a lawyer who is supposedly working dilegently on the case. he got me supervised visitation which i am hoping takes into affect this weekend, i am just not sure where to turn at this point. my family has been there with me through out this process. i have been seeing a therapist and i guess it has been somewhat working although it feels like i do all the talking, i am confused, upset, and just not in the mood to deal with anyone. i just want this nightmare to end. i want to move on with my life (of course with my child involved.) anyone have any suggestions on how i should go about this if you feel i am doing something wrong.

Be diligent in the pursuit of all legal avenues. Sometimes, it really helps to have other people to relate to - people that are going through the same thing that you and your family may be going through. I have found the following sites helpful to me when I was in circumstances similar to yours. You should contact an attorney. Do not proceed with this process without the advice of an attorney, or you could face severe legal consequences. Reference these free sites for free advice / assistance. I ran across these sites when I was looking for advice - and needed FREE advice. * The Law Guru Site is a great source for FREE legal advice. It is free and has real / licensed lawyers. Don’t forget, lawyers will meet with you for an initial meeting for free. Also, nowadays, many lawyers will make arrangements with you for payments on a weekly, bi-monthly basis. Don’t forget, licensed professionals, like everyone else, are having a hard time making ends meet. They are willing to work with you. Just get out your telephone book and start calling them (if you don’t want to check out the site). m * The Dads House Forum is for men and women who experience the unfairness of child custody and child support issues . * The Guardian ad Litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency, as well as the interest of the parent or guardian. * The Child Support Calculator helps you determine (by state) what your child support payment might be. We control our own destiny. Peace. ☺♥☻

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I'd give him a key, its my second marraige...two years and he refuses to leave. there are no children involved, he's an alcoholic, and he doesn't take part in any payments. everything is in my maiden name (mortgage, etc....)

Is he going into storage with the stuff? I would direct this towards an attorney. Too bad you can't just change the locks! Well, technically...everything is in your name right? Good luck!