Ex wanting additional child support if I live with a girlfriend

March 4th, 2013 by John Schuman

Ex wanting additional child support if I live with a girlfriend.

I have been legally separated for over 10 years … everything finalized in separation agreement … have joint custody of my daughter .. ex-wife is primary care-giver … I pay child support, the amount for my income based on the gov’t tables …no longer pay spousal … am soon moving in with my girlfriend of 3 years … is there any chance my ex-wife can demand more money (for any reason) from me based on my better financial situation being in a two income household … do not want to hinder the future of my relationship by the possibility she can …

Asked 1 day ago in Mississauga, Ontario
Categories: Family Law

Answer by John P. Schuman
Ontario lawyer
Regarding child support, unless you are somehow sharing income with your wife (you are paying her as subcontractor, have an arrangement with your employer to pay her instead of you, etc.) her (your girlfriends) income is not relevant for the spousal support calculation…. unless she steps into the place of a parent (meaning she becomes more that just a babysitter). If she becomes a parent, then she may be liable for child support. There will be a video blog on www.schumanlaw.ca soon, but here is a brief article Can Your Ex Spouse Ask for Child Support. If your income has gone up since child support was originally set, you may owe more on that basis as child support is reviewable, and changeable, every year.

additional-child-support

Spousal support is more complicated. It should never be bases on your new partner’s situation, but it may be possible for your ex to ask to start it up again. A lot may depend on how support ended and whether you stopped paying pursuant to an order or agreement that specified an end date. It may also depend on how long ago that the spousal support stopped. If your wife has not been receiving spousal support for a while, then she may be “self-sufficient”, which is one of the goals of spousal support. If she has already achieved self-sufficiency, it may be difficult for her to ask for more support. But, to see if she might qualify for support again, read this post Spousal Support… Will I Get It?.

To get the most piece of mind, you should speak to a family lawyer who can apply the law to your situation. Also, this $20 easy-to-understand book explains child and spousal support in more detail, and explains what your spouse has to do to change the current support situation Devry Basics of Ontario Family Edition. It also explains the basics of almost every other family law issue.


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