Question

[Nunya]

Man and woman and young child lives together. He goes to work one day and return to find that she's gone, taken the child and some furniture. None of her family or friends are fessing up to where she is.

About three weeks later he gets served with some papers that she's suing for child and spousal support.

It's now coming to light that she'd left him to be with someone else. That someone else, while he enjoyed her on the side, could not handle having her around full time and with a child to boot. So now she's with either friend or relative and her living conditions are not stable. The money she's asking for is enable her to live independently.

My question is, while the father is bound to pay child support, is he also bound to pay alimony since she left him?

[Nunya]

Re: Question

And oh yeah, he's never been abusive or neglectful of her. He worked (very good career) and she was a stay at home mom.

[MsExced]

Re: Question

No he should only pay child support

[RichD]

Re: Question

dem was married?

[RichD]

Re: Question

if part of their previous arrangement was that she would stay home to tek care of the child he might have some obligation to her as well as the child

[Nunya]

Re: Question

Lived common law for no more than 5 years (guessing at that since the child is about 3 or 4)

[Nunya]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RichD</div><div class="ubbcode-body">if part of their previous arrangement was that she would stay home to tek care of the child he might have some obligation to her as well as the child </div></div>



But stay home to take care of the child would mean staying at <span style="font-style: italic">their</span> home, not for her to go off and get her own home and expect him to maintain that as well... that's what I'm thinking...

[RichD]

Re: Question

i think she might have a good claim. even a claim on some of his assets

[RichD]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RichD</div><div class="ubbcode-body">if part of their previous arrangement was that she would stay home to tek care of the child he might have some obligation to her as well as the child </div></div>



But stay home to take care of the child would mean staying at <span style="font-style: italic">their</span> home, not for her to go off and get her own home and expect him to maintain that as well... that's what I'm thinking... </div></div>

but the &quot;marriage&quot; break down. so it might be treated like any other divorce settlement

[Nunya]

Re: Question

She broke it though. Why should he pay?

[ILP]

Re: Question

A court would determine if he is bound to pay alimony. they would determine if it would be temporary (until the divorce) or permanent (for a specified time after the divorce). It really does depend on things like: state where people live and where divorce papers are filed, pre-nups (if ones exist), finances of the party seeking alimony, income of person who is being asked to provide support, reason the union broke down, age of parties involved, the ability of person asking for support to find employment, etc.

That's why lawyers are usually involved in these kind of things. Now, all kind of things constitute &quot;abuse&quot; when it comes down to a breakdown of a marriage. The judge usually determines if they will buy it or not.

[ILP]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RichD</div><div class="ubbcode-body">if part of their previous arrangement was that she would stay home to tek care of the child he might have some obligation to her as well as the child </div></div>



<span style="font-weight: bold">But stay home to take care of the child</span> would mean staying at <span style="font-style: italic">their</span> home, not for her to go off and get her own home and expect him to maintain that as well... that's what I'm thinking... </div></div>

if she can prove that she was unable to earn wages, as she stayed home to care for a child, a judge will say then that she has no skills/potential to earn wages (as she was away from the job market) and make him pay alimony..even temporarily until it can be hashed out permanently in court.

[RichD]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">She broke it though. Why should he pay? </div></div>

I think in ontario dem have what dem call No fault divorce..the reason for the breakdown not usually that important to the final settlement.

[ILP]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RichD</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">She broke it though. Why should he pay? </div></div>

I think in ontario dem have what dem call No fault divorce..<span style="font-weight: bold">the reason for the breakdown not usually that important to the final settlement.</span> </div></div>

Same so in the US. The judge will make it only a mild consideration in the grand scheme of things.

[Nunya]

Re: Question

She's not making any abuse charges (she would not be able to make any stick). Basically, the papers (which I haven't seen) are asking for immediate support payments for her and the child. She's claiming to be destitute etc.

She knows how much money he makes. They were a couple and he thought everything was open. While they didn't have a joint account, they do have 'access' to each others account - meaning she could use his credit card or debit card an dem ting deh. She should have her own account/money, unless she blew it on de bredda whe dash har whe...

I know the laws in Ontario do afford the same rights to a common law partner as they would to a married partner.

I'm just wondering if she left to be with someone else, she broke the marriage, why should be be required to pay to maintain a separate household even if he can afford to?

I'm also wondering if the judge will just look at the whole situation so black and white, so cut and dried...