UK to Canada, remarriage, extra dependants and child support..

[josiebrown]

I am hoping someone may be able to give me a little advice and information here..

Soon I will be marrying my hubby to be who has three children, one aged 11 and in school living with his mum, one at 18 working and living with her mum and one aged 22 working and living with her boyfriend in an apartment

Both former wife and her common law husband work and they live in Ontario.

She has sole custody and he has paid above the rate he should be paying over the years since they split. He lived alone and could afford to give her extra as he didn't want his kids suffering financial hardship. He should only pay for one child.

I also have four children of my own aged 21, 18, 16 and 13.

The added problem we have is that me and my children are English and we will all be moving to Canada, so we are all giving up jobs here in England to go to Canada, my Canadian husband will be the only one with a job and we will be relying solely on his income to support us for a good while.

Now our circumstances will be changing he has cut the amount he pays to what it should be according to the law.

She is understandably unhappy now that her lifestyle will change but he can't afford to pay more than he should any more.

She has said that the older kids are going back to school at some point in the future and she will be reviewing his payments.

Will the court take into account the fact that he has a wife and four extra dependants living with him?

Surely if the 22 yr old lives away from home he does not have to pay for her if she returns to school?

Can anybody predict how this may turn out for us from their experience..?

I thought it might be worth pointing out to her now that the court might even reduce his monthly payments... am I right in thinking the court looks at both household incomes? Especially if my children are all in school and not working.

Many thanks in advance..

[wondering50]

Regarding his three children, I believe the following would hold:

22 year old in school - probably beyond the age of child support. Certainly could receive support on a voluntary basis but not necessary under normal circumstances.

18 year old working - because he/she is no longer in school, I believe that at 18 he/she would be no longer receive child support.

11 year old - would certainly be expected to receive full table amount based on father's income level.

Now as to the question of your family's financial requirements - I don't believe that a person's obligations towards their children (i.e. child support) changes because they decided to take on other financial obligations. This is a voluntary decision that your hubby to be is making. I believe that it would be viewed that it would be up to him to arrange his financial affairs such that he can continue to fulfill his obligations in the child support area.

[FL_Needs_To_Change]

Wondering50 has a point, and I believe all to be true.
The only time I think that the second family obligation is actually factored in is when extra ordinary expenses are sought by the custodial parent. Then it hinges on means and all income within each household.

I think it is fair to say he is responsible for the 11 year old only. The others, if the mom wants more, must show need etc as the onus is on the person seeking the support for adult children. She will have to prove that the children are physically incapable of financially contributing to their own school costs, and that they are still "children of the marriage" which can be very, very difficult once they pass the age of majority. It is understood that adult children are to contribute to their own educational expenses and to clearly demonstrate that they have exhausted all other financial aid, (loans, grants, scholarships etc)

Search this sight for similar case laws and you will learn how the Family laws in Canada work and how others have faired in the courts when adult children sought extra money to support them in school. You will also learn what “children of the marriage” really is when dealing with adult children etc. Very informative.
Good luck


http://www.canlii.org/en/advancedsearch.html

[josiebrown]

Thats great information and thank you both for your replies, it certainly clears things up for me so I know where we will stand.

I will do some more searching on here, it's very informative.

Just to clarify, over the age of 18, working part time and in school.. this child may not be entitled to child support? I was under the impression that as long as the child is in school they got child support regardless of them making their own money or not...

I am pretty certain that the 22 yr old is out of the equation even if she does go back to school, because she doesn't live with her mother?

We are trying to budget and factor in all eventualities.. just in case they do go back to school and she goes to court wanting more money.

One other thing that's going through my mind.. when I start to make my own money and my oldest kids make their own money, will she be able to get information on our earnings too..?

Once again thank you, I appreciate you taking the time to reply...

[wondering50]

The above are examples of probable outcomes, however these rules should all have been specified in the separation agreement.
With respect to the 18 year old... it was not clear from your first post that he/she was still going to school. In that case he/she is probably still covered under CS. The amount of income he/she is earning may be relevant. Once again the separation agreement should have covered this.

Far as I know, the earnings of yourself and your kids are not relevant.