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He left moved to Alberta

Posted in Barrie, Location, Ontario, Separation by Questions on April 10, 2014

We don’t have a separation agreement he left for Alberta 8 yrs ago he would not sign anything

I tried staying in house got new mortgage
He paid me child support
1800 then quit paying

What a mess

No separation agreement

Where do I stand?

Sold the house before creditors seized it

Where do I stand legally separated or still married ???

1 Expert Comment

  1. On April 12, 2014 at 10:10 am
    A Family Lawyer said:

    The only way to dissolve your marriage is by way of a divorce order. You are legally married. Your status is separated, as of either his relocation to Alberta; when he started paying child support; or when you got a new mortgage. Assuming, he did not provide his income information when paying the $1800 per month, you should have sought and requested his information. He obviously acted completely contrary to the child(ren)’s interests in not paying any support. Retroactive child support may be claimed provided the child(ren) are dependents and therefore in need of child support. You would need to enforce the order to ensure payment. You may seek counsel to discuss the calculations of a lump sum amount. The real estate lawyer may be directed to disburse the sale proceeds pursuant to your respective instructions, if jointly owned, or simply to the owners of the property. Equalization of matrimonial property has a limitation of 6 years. The disbursement of sale proceeds is not necessarily an equalization issue if the house is jointly owned.

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