1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Does having a mortgage affect my support payments?

Anonymous Asked:

My wife and I have two children, aged 4 and 6, and we own a 3800 sq ft home that is paid off. In the event of divorce, with respect to child support, is it reasonable to argue that since we can both still be relatively mortgage free in the event we sell our home and buy separate smaller properties, that the child support required would be less than the 'average' case which the set amounts are based on? Our current household expenses are pretty low, given we have no mortgage, I would argue that the set amounts would be rather unfair given current consumption. Other facts, we both work and make above average salaries.

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Andrew J. Kania, LL.B., LL.M.
10 years ago

In order to analyze your potential child support requirements we must first have information with respect to where the children will live. If the children will live mainly with one parent (more than 61% of the time) then the other parent will be legally required to pay child support pursuant to Child Support Guidelines, unless the other spouse can prove undue hardship, which is not easy to prove. If the living arrangements are otherwise, one example only being 50/50, then a set off approach will apply. That means that both spouses will owe child support to the other spouse based on their income, once again pursuant to the Child Support Guidelines. Thus, given my above comments, it is impossible to answer your question without first speaking with you to gather more facts. You are welcome to telephone me at 877-668-9386 for a free consultation. Once you provide me with your exact factual circumstances I can then provide you with an assessment in terms of what would likely occur if your matter proceeded to Court. Of course, the parties can also reach a private agreement different from what a Judge would likely Order.

(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).

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x