I am in ontario canada. when should i start with the separation agreement. Could this be done from one side. Not in this

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Customer: I am in ontario canada. when should i start with the separation agreement
JA: What steps have you taken? Have you filed any papers in Canadian family court?
Customer: Could this be done from one side
JA: Have you talked to a lawyer about this yet?
Customer: not in this issue
JA: Anything else you want the Lawyer to know before I connect you?
Customer: could it be possible that my wife file for separation couple of months before telling me? eventhough we are living together
Answered by JJL11 in 1 hour 2 years ago
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JJL11, Expert

Hello... I will be the lawyer assisting you today. I am a licensed Ontario lawyer who can answer your questions about family law

In Ontario, there really isn't a formal separation procedure. Many people opt to do a separation agreement which is very useful to fix the separation date and deal with issues of property division, custody and support but an agreement is not mandatory

Date of separation is basically the date you and your spouse agree you no longer want to be married and start living separate lives. Many people continue to live under one roof when separated but you have to live separate lives while doing this.

You should discuss with your wife when she thinks you "separated" to come to an agreement on the date.

The date of separation is important because you can file for divorce one year after this date.

Customer
But let us say if we agreed that separation was six months ago. Am I obliged to pay the child support for the last six months knowing that we were living together and i was the one pying the bills
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JJL11, Expert

Do you and your wife have a child support and custody order ?

Customer
no as far as i know. unless she is able to do that witout my notice
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JJL11, Expert

No , she would have had to give you notice to do so.

In that case, whether or not you have to pay, is up to you and your wife unless your wife goes to court and gets a support and custody order requiring you to pay.

Getting a lawyer to do a separation agreement is a good idea because you and your wife agree on these issues and settle them early on so when you actually file for divorce, the divorce application will incorporate the terms of the agreement.

Customer
But how the nitic come? By mail? Could ir be she took it and hid it from me for some reasons?
Customer
I mean how the notice come?
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JJL11, Expert

The court will ask her to prove she served you with the custody and support application before they will deal with it. Service usually means she gave it to you or mailed it to you.

You can ask your wife if she has a custody or support order. It would be to her benefit to tell you because that order means you have to pay the support or she can go after you for it if you don't.

Customer
She also asked me to file for the tax separately for 2019 and that she wants to put our daughter as dependent on her. is that ok. and does this have any legal consequences as i told you we were living together till 20-Apr. 2020 and i was paying the bills. in the mentioned date we agreed on and performed a religious divorce
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JJL11, Expert

The only legal consequence of doing this may be with respect to tax issues. Canada Revenue Agency may ask you and your ex for proof of separation because some people file tax separately even though they are not, to get tax benefits and more child tax credit.

Customer
Can you tell me what kind of proof of separation could be?
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JJL11, Expert

I have attached a link to the CRA website which lists what it will accept as proof of separation.

https://www.canada.ca/en/revenue-agency/services/child-family-benefits/supporting-documents.html

Customer
based on this it is better to dtick to the date of divorce. 20 apr 2020. because before that, i do not see that we have this kind of proof
Customer
right?
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JJL11, Expert

Yes, if your wife agrees to this because you will have to jointly declare a date of separation on the divorce application

For tax purposes, the April 20th date is also better because you have documentation for that date.

Customer
What benefits do you think she is looking for filing as separate from last year? Is it significant financial benefit?
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JJL11, Expert

Based on what you have told me, other than being able to file for divorce earlier and perhaps getting more in child tax credits, I cannot think of any other significant financial benefit. However, I would suggest that you can consult with an accountant if you want further details about tax implications of a change in marital status.

Customer
cannot she update the cra with the actual date of separation so she can get the child credit updated?
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JJL11, Expert

You will have to ask CRA about this

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JJL11, Expert

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Customer
what mediators in Missisauga do you recommend
Customer
While writing the agreement. Is there any need to notice some entities about the separation. Landlords, schools, insurance?
Any timeframes or guidelines?
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JJL11, Expert

We do not recommend specific lawyers or mediators but I would suggest you call the Law Society of Ontario's Lawyer Referral Service for the name of a family lawyer who does mediation who will give you a free half hour consultation.

The number is(###) ###-####for the GTA or 1(###) ###-#### Monday to Fridays 9 am to 5 pm.

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JJL11, Expert

Your lawyer will advise you of who has to be notified or who is affected by your change in marital status.

Customer
where to check if there is a separation file registered a d applied by my spouse?
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JJL11, Expert

Your spouse cannot complete a separation agreement without you. Both you and your spouse have to sign it after getting independent legal advice.

Customer
is the grant coming from the OSAP considered income that will be involved in the spousal support calculation?
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JJL11, Expert

Income for the purposes of calculating child and spousal support is the gross income as reported on your income tax return - so you if claim your OSAP as income, it will be included in the calculation

Customer
Can we state in the separation agreement that my wife requested that for exsmple first of Jan 2020 to be the separation date. Based on what she feels that this is the separstion date. I mean could the separation date be the date that one of the spouses sid that he feels it is the separation date eventhough the other spouse was not told about that at this date
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JJL11, Expert

You and your wife have to agree on a separation date. You and your lawyer need to talk to her and her lawyer to figure out what was the actual separation date before you can do a separation agreement. This date is usually when both parties knew they were separated because they started living separate and apart.

Customer
it cannot be an arbitrary date just for the sake of accelerating the process of divorce?
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JJL11, Expert

The date of separation should be the date you and your spouse decided you no longer wanted to be married and started living separate and apart.

Customer
Is lack of sex for a duration could be a sign of separation?
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JJL11, Expert

Separation is when both parties understand the marriage has broken down. Lack of marital relationships is one indicator but also you lead separate lives ( ie) don't socialize or spend time together

Customer
If my spouse was studying in a college in 2019 and on OSAP, would this lower the spousal support amount ?
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JJL11, Expert

Do you mean would this lower the amount of spousal support you might have to pay her ?

Customer
Hi
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JJL11, Expert

For an accurate assessment of how much spousal support is payable, it would be better to consult a family lawyer because a detailed financial statement needs to be completed by both you and your spouse in order to do this calculation.

Customer
Should i calculate the child support based on my current income or the last year ?
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JJL11, Expert

If there is no change in your income between last year and this year, tax assessment for last year should be fine.

Customer
Is it ok to send it by e- mail transfer?
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JJL11, Expert

Payment arrangements should be agreed upon by you and your spouse and should be clarified in the separation agreement.

E-transfers are acceptable if your spouse is okay with this and you both have a record of payment.

Customer
Should I wait till we finalize the separation agreement?
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JJL11, Expert

Yes, I would wait

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