Can I get child support if I still live with my husband? - Canada

[Margaret]

Can I get child support if I still live with my husband?
I dont have enough money to pay for bills, sometimes for mortgage because he is paying whenewer he wanted, now I have to pay for the credit stuff that we have together because he is not paying for anything, we are behind for everything.
I think to take divorce but first I heard I have to have separation.
We are leaving in the same house but from last year we are not close anymore so is it enough to have separation or I have to move out from the house?
We have 3 children and small house, we are leaving in Ontario, is no sens to sell the house and move to apartment if the rent is almost the same like for the mortgage.
Beside this problems there is a lot of more, so I think is time to finish our marriage, but I dont know how to start everything, specially when I have financial problem.

You two have to work it out internally if you are married--but as soon as you file a court can intervene. If he is withholding even basic funds etc. the police, child services, and/or social services will also come to the house and may take action.

In Ontario, you can file for divorce on three terms. Living seperate and apart for a year or more, OR, adultery, OR, physical and/or mental cruelty. If any of these apply, file an application for divorce, unless it is a joint application for divorce, then you need to apply accordingly and do not require any of the three terms. You can also ask for child support/custody or access when filing for a divorce.

[pooh_200619]

Okay first of all You go to your local Court House and pick up the paper for Divorce you fill out the packet as it tells you that will give you grounds of legal seperation you ask for a emergency hearing cause you both reside together in the same household if he refuses to move out the hearing will take place within 2 weeks or month depending on the situation if there is abuse you file for protection order and he will be asked to leave the home..You need to get a attorney and if you have low income then you can call your local state department for state assistance attorney and they will file for you if you qualify then they will ask him to move out of the home.. If not then when you go to court the judge will decide whom gets custody of the children and at that time he will see whom is qualified to care for the child usually the mother and the faher has to pay child support and sometimes more depending on the situation abuse you can get alimony in some states some states don't use it..You can also ask the courts for help with house payments and bills if he was the sole provider in the home and you didn't work there is alot that you need to look into that is why you need a attorney to help you.. Then once that is decided the house will go to the one that has the children.. that is how it works if you need anymore advice you can contact me on my profile thru yahoo at pooh_200619 and I will help the best that I can,...Good Luck,...

Good luck getting a order that he has to move out of a house he has to pay for.

Amazing.

[Friend In Court]

Originally Posted by Margaret Can I get child support if I still live with my husband? I dont have enough money to pay for bills, sometimes for mortgage because he is paying whenewer he wanted, now I have to pay for the credit stuff that we have together because he is not paying for anything, we are behind for everything. I think to take divorce but first I heard I have to have separation. We are leaving in the same house but from last year we are not close anymore so is it enough to have separation or I have to move out from the house? We have 3 children and small house, we are leaving in Ontario, is no sens to sell the house and move to apartment if the rent is almost the same like for the mortgage. Beside this problems there is a lot of more, so I think is time to finish our marriage, but I dont know how to start everything, specially when I have financial problem.

You may apply for a decree of legal separation or divorce, whichever suits your needs. As long as you are not having marital relations, either is an option. It is not unheard of for people who are divorcing to live in the same house -- some, even after the divorce. The requirements for a divorce is that the marriage is 'irretrievably broken" and the parties are living separate and apart. What the last part means is that they are no longer intimate.

You would benefit from legal representation since there are children and property so there will be support issues, responsibility for paying the bills -- to be ordered paid by one or the other of you. If you are unable to afford legal representation, you may apply to the Law Society for they represent, at no charge, for domestic cases when one is otherwise unable to afford a lawyer.

Originally Posted by Margaret Can I get child support if I still live with my husband? I dont have enough money to pay for bills, sometimes for mortgage because he is paying whenewer he wanted, now I have to pay for the credit stuff that we have together because he is not paying for anything, we are behind for everything. I think to take divorce but first I heard I have to have separation. We are leaving in the same house but from last year we are not close anymore so is it enough to have separation or I have to move out from the house? We have 3 children and small house, we are leaving in Ontario, is no sens to sell the house and move to apartment if the rent is almost the same like for the mortgage. Beside this problems there is a lot of more, so I think is time to finish our marriage, but I dont know how to start everything, specially when I have financial problem.

The short and simple answer to your question is no. You cannot get child support if you still live with the child(ren's) father.