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11 years separated. Can he ask for support now?

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Anonymous Asked:

I separated from my ex 11 years ago. We never went through lawyers. He made less than I at the time of separation. We each had our child 50% of the time and each provided equally. Now he is on social assistance, I pay for everything for our child, help him (when he runs out of money for food, etc) and I'm wondering if I owe him anything officially. Can he ask for support if we've had a 50-50 "custody" arrangement and he could provide for himself then? Can he ask for spousal support for himself (we were common law for 7 years) or official support for our child for when he has our son ?

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A Family Lawyer
6 years ago

Your spouse could obtain an order that, based on your respective incomes and having regard to the Child Support Guidelines, section 9, that you pay him child support, and the commencement date could be on a retroactive basis. Also, there is no limitation period to seek spousal support. So, yes, it appears based on this information and in this situation, that there may be support obligations,but likely only for child support. The child support in shared custody situations, 50/50, is not limited to an off-setting calculation and other considerations may be brought into the determination of the appropriate amount of child support. The child should not be going from a home with many amenities to a home just barely getting by. It is best to consult with a family law lawyer and enter into a separation agreement as soon as possible.

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