Can her lawyer sue for spousal support and child support?

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My wife is filing for divorce because she is " tired of me", her lawyer says if I don't pay half the legal fees he will sue for spousal support along with child support. Can this happen? Also she receives approx. $600/ month government benefits due to we are a low income family. Am I entitled to any of those benifits? PS. We both have full time jobs.

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Andrew J. Kania, LL.B., LL.M.

9 years ago

Thank you for your question. Unfortunately, you have not provided me with enough facts for me to provide you with any meaningful guidance. I need to know various things, including how long you have been married, how many children there are and their ages, the ages of you and your wife, and the annual incomes of you and your wife. As a matter of theory either spouse can claim spousal support from the other, but in order to obtain spousal support an “entitlement” must first be proven, and then reference is made, assuming that entitlement is proven, to the Spousal Support Advisory Guidelines, to determine both the quantum and duration of any such spousal support. In order to make those calculations various facts are needed. If you telephone me at 877-668-9386 I would be pleased to provide you with a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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