Stay at home mom with 4 kids

Posted in Divorce, Location, Ontario, Scarborough by Questions on March 31, 2016

I have 4 kids, we are legally married. I want a divorce and child support. He makes 46$/hour, he is a plumber. I’m stay at home mom with kids. He doesn’t think he can support me with anything. I want to know if that’s how it is – am I legally entitled to some money?

1 Expert Comment

  1. On April 1, 2016 at 2:13 pm
    Jennifer M. Long, B.A. J.D. said:

    If the children reside with you and you are the primary caregiver, your husband has an obligation to pay child support. Child support is mandated across Canada by the Child Support Guidelines. The amount of Guideline child support payable is based on the payor parent’s annual income and the number of children in need of support.

    In addition to Guideline child support, any special or extraordinary expenses (ie. braces, extracurricular activities, post-secondary education, etc.) are over and above the regular Guideline amount, and are split between the parties in proportion to their incomes.

    As you do not work outside of the home, you may also have a claim for spousal support. Unlike child support which is an automatic right of the child, spousal support is discretionary. You will need to establish that you are in need of support, or that you require compensation (ie. you sacrificed your career to stay home and care for the children). Once entitlement is established, the amount of support to be paid, and the length of time it is payable for will need to be determined based on your respective incomes, and taking into account factors such as your ages, the ages of the children, and the length of the marriage.

    I strongly recommend that you consult with a lawyer who will be able to explain the issues of child support and spousal support to you in greater detail.

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