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He does not accept my intention to separate

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Anonymous Asked:

I am living with 2 children (23 year-old FT student and 15 years old) and want to separate with my husband who is living abroad for his work. I cannot move out since I have to take care of my children and I don't want to loose my house where I live in. He does not accept my intention to separate. He stopped financial support thinking that financial hardship will force me to come back to him. I am working full time but my income is not sufficient to cover living expenses and to support two children. He is not cooperative to form an agreement. what are my options?

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Stuart Zukerman
5 years ago

A: If he will not negotiate then you ought to commence an action by filing a Notice of Family Claim in the Supreme Court of BC seeking spousal and child support and property & debt division, then bring on an application by filing and serving a Notice of Application seeking interim spousal and child support. Alternatively you could file in Provincial Court (by filing An Application to Obtain an Order) for spousal and child support only (as that court cannot deal with Property claims).

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