General Questions about my common law situation

[mali2011]

I am in a common law relationship for the past 5 years now. We have no children together( although she has a 12 year old from a past marriage) and are only renting a home. She is still married to her estranged husband(legally separated), receiving structured payments from F.R.O. and has sharred custody, we have no assets together. The truck I have , I bought and am paying for on my own, including 3grand down payment and bi-weekly out of my account, as well as fuel, insurance and maintenance. I pay for utilities, food, entertainment and over half the rent and feel it is time to call it quits and go our separate ways. My question is this: When I leave the relationship am I going to have to pay some type of support to her? If so, how much?
Any help on this topic would be greatly appreciated.

[MommaMouse]

I believe that she can not go after you for CS without giving up CS from Biodad, can't get it from two sources. On the otherhand if she is making less than you, you might be on the hook for SS.

[HammerDad]

Originally Posted by MommaMouse

I believe that she can not go after you for CS without giving up CS from Biodad, can't get it from two sources.

No. In Canada, a person acting as a parent can be caused to pay c/s, notwithstanding whether or not payee is receiving c/s from another person (ie. biological parent). In Canada you can get c/s from 3, 4...8 people, if you can prove you were in a relationship with them and each one acted as a parent to the child(ren).

However, you have had acted as a parent? If you've never taken a real role as a parent, you may not be required to pay c/s. Further, given the shared custody with bio-dad, it will be hard for her to claim the need.

[MommaMouse]

Really?!? I'm shocked and kinda appalled at the same time! Would she get FCS from both?
Does that give Stepdad the right to visitation after as well?
(sorry for interrupting the OP but this has peeked my curiosity)

[mali2011]

Thanks for the replies!
I guess now I have to find out how much I would be on the hook for ( SS ) and any other support I may have to pay out!
Thanks again

[LakeErie]

Originally Posted by MommaMouse

Really?!? I'm shocked and kinda appalled at the same time! Would she get FCS from both?
Does that give Stepdad the right to visitation after as well?
(sorry for interrupting the OP but this has peeked my curiosity)

I think HammerDad said it right, that it is very likely that non-bio parents can be held responsible to pay CS, even though the other bio parent already does so.

This is has been argued successfully in many provinces and there are case laws on CanLII.

[MommaMouse]

Originally Posted by LakeErie

I think HammerDad said it right, that it is very likely that non-bio parents can be held responsible to pay CS, even though the other bio parent already does so.

This is has been argued successfully in many provinces and there are case laws on CanLII.

Don't get me wrong I'm not arguing that HammerDad is wrong, in fact I'm sure he's right and I was wrong. I'm just surprised as I was always told it was either or but not both.

[HammerDad]

Originally Posted by MommaMouse

Don't get me wrong I'm not arguing that HammerDad is wrong, in fact I'm sure he's right and I was wrong. I'm just surprised as I was always told it was either or but not both.

Yeah, in Canada a custodial parent can double dip. In the USA, it is not the norm. Call it the socialist/politically correct language of the legislation.....