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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-08-2005, 08:01 AM
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Default Child custody/support issue

Yes I am full of questions! My fiance has two children and his "wife" is now living with a man who is making $180,000. annually. Should this be taken into consideration when support payments are being decided? Currently he pays $ 850.00 a month.

THe two have not remarried but are expecting their first child in Febuary. THey have recently moved from Kitchener to Brooklin, Ont. about a two hour drive.

Again any info or advice is greatly appreciated.
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Old 12-10-2005, 10:59 PM
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Champsarah,

Just an opinion,

When you say support payments are you referring to child support - if so no it won't have an impact as the periodic amount of child support as it is based from tables and is calculated by cross-referring to your fiance's yearly salary or an average salary of last 3 years income returns - line 150.

Please see the relevent statute that deals with calculating child support

http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

If you are referring to spousal support; Are they living in a commonlaw relationship? If so yes - depending on the length of their relationship, her expenses may be different now and this would construe to be a material change of circumstances. The longer they co-habitate in a cojoint relationship, (commonlaw) your chances of reducing spousal support are greater.
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