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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
I'm sorry to hear of your difficulty tuition.
Has your spouse only been working for four hours a week for all these years?
Here is an online support calculator that you can use. The free version is fine. Do not bother to pay for the higher level one because it is simply not needed:
You will likely have to pay based on the mid range.
At the same time, you can try and take the position that there is no reason at all why your spouse cannot now work for more hours a week. Your daughter is in school full time (well aside from when there is a global pandemic) and she has a duty to become self-sustaining.
Please rate this post now and then start a new post for your other question about moving a child out of the province. I cannot answer that question on this post but I can happily answer it on a new post. You will not be charged because you have a subscription.
When you start a new post you can say "this is only for the Debra" and I'll be the one to answer.
Does that help?
Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.
I believe you requested me on the other post but another lawyer stepped in.
I want you to know that I strongly disagree with his answer. It is just not correct.
It is not the least bit prudent to move out before an order or agreement is in place. It's actual very risky to do it. No family lawyer would say you should.
When there is no order or agreement dealing with custody the law is that the parent with whom the children live is deemed to have de facto custody.
As well, you will be said to have a banded the children.
Judges do not like to alter the status quo. Even without COVID it could be many, many months if not longer for you to get into court for a hearing. With COVID it will be even longer. By the time you get into court the mother will have established a strong status quo and you will have a very, very difficult time overturning it and quite possibly will not be able to do so.
An order is when you go to court and you have a court decide about custody and access. What I am essentially saying is if you move out you won't do well in court. You will do very poorly if you want joint custody.
Oh. It would be to retain a lawyer as soon as possible and get into court for an interim order for joint custody of the children and not to move out until you get it.
A parenting agreement only deals with custody and access and a separation agreement would deal with the division of assets and support as well.
The ballpark figure is likely going to be more towards the $10,000 if there is a full hearing in court.
No. This is only a concern about custody and access.
Yes and yes.
No lawyers don't like that really.
You can try and decide together what you but the lawyer will draft it all.
It will likely be a few thousand dollars.
No you cannot use the same lawyer. You each need independent legal advice.
I am sorry for the delay. I was interrupted by mother and several of my kids!
Yes except your lawyer will send her the agreement or at least a letter and ask her to get her own lawyer. It protects you for her to have independent legal advice.
I am so glad I caught the other expert's advice to you!
You can pay for both lawyers. You may have to in fact.
There is no way to know about the costs because there is no way just yet to see how long working this out will take.
No you aren't stuck if she doesn't get a lawyer.
You are stuck if you cannot settle as then you have to go to court.
You don't have to pay for her lawyer at this point. You may be ordered to by a court if it comes down to court.
Well, what will happen is you won't pay her support, you won't pay the bills etc and she will have to get a lawyer.
She won't be able to do nothing.
I know that is harsh but that is how it would ultimately go.
You can live separate and apart in the home and still stop paying for most things.
The lawyer's letter can set out that she can move out leaving the kids or you will move out leaving the kids after a parenting agreement is reached and if not you will live separate and apart in the home, will pay 1/2 of the bills etc until all issues relating to support are worked out or something like that.
Yes it does.