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Anyone ere familiar with Canadian law? I found only one forum for canada and i think my ex is on that forum. Thats why i dont want tio ask questions there. If anyone here can help me wit Canada family law i will really appreciate it
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Re: Family Law- Canada
What is it you want to know?
My brother lives in Canada and I will happily ask him but I will need the province. -
Re: Family Law- Canada
Oh thankyou! thankyou! I am in Ontario.
So my ex and I have been separated one year. He is on disability and gets income replacement for 3400 a month. He also receives attendant care benefits and housekeeping for 1800 dollars a month. we share two kids and I gav eup my career to look after him and the kids. I am unemployed even though i am trying my hardest to get a job. I am persuing child support and spousal support. I am asking the judge to imclude the attenedant care benefits for $1800 to his income as he is pocketing that money. This money is for his disability needs, that includes help with cooking,laundry,cleaning,medications,etc. He claims these expenses on a form with his insurance and has to give the name of the person providing these services and for what and how many hours. Then the insurance issues him a cheque that he has to pay to these third parties. When i was with him, i was his cargiver and these came to me. Now that we are separated , he is still claiming these benefits under his family and friends but is not hring them for any services, instead he is pocketing this money. My argument is that he is not using it for what it is being claimed for and paid for by the insurance. His bank statements are the only proof i have. He spends over 800 a month on just eating out. He is veryt clever as on paper everything is legit, and technically he can argue that these benefits are for his "extraordinary need". he has quited this http://canlii.ca/en/on/onsc/doc/2003...anlii2129.html (para 13)....how can i prove to courts that he is doing the paper work but is using the money and this should be counted as income. This is the first question and i have many many more. ThankyouComment
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Re: Family Law- Canada
Any reference to a caselaw that has included disability benefits /attendant care benefits as income would be great to have.Comment
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Re: Family Law- Canada
In reality he is using the system. When we were fighting for custody all of a sudden he could do everything. CAS was watching him and he proved to them he was capable of looking after the kids. hence the shared custody. Also he is saying that the child tax benefit that I receive for the kids are my income...is that true?Comment
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Re: Family Law- Canada
I will ask my canadian friends for you, one in particular has been in your circumstances.
This may take me a little while, and I hope you can forgive the delay while they get me the info. My brother's husband is from Ontario so I will et him onside too, however this may take a couple of days as he is in the process of driving home across Canada for xmas, in the mean time all I can suggest until I have the information is to pop in to your local Library and ask if they can find the legislations for you.
With your permission, I will copy what you have written and send it direct to my friend in Ontario for her opinion.
PuffComment
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Re: Family Law- Canada
Yes you can send the info. Thanks for helping me.Comment
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Re: Family Law- Canada
I will do all I can, I can't promise they will know the info for you honey.
While I wait, I would suggest you go to the library and ask there for help too.
Brother In Law is not due "Home" for at least 4 days (manitoba to Montreal, so its gonna take a while) but as soon as I know they are there, I will ring him and see if he or his brothers know.
I will see what info I can find in Ontario too.. but I can't promise a lot.. is the separation happening in Ontario and are both of you in Ontario now?Comment
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Re: Family Law- Canada
I have PMed you with some info hunnyComment
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