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  • support ruling

    hypothetically........if the parent who has custody has the higher income how does that effect the ruling....if it even does have any effect on it........Im not speaking of significantly higher income by 20000$ or anything like that.......theres a difference between mine & the exes income but not substantial........of course the difference is by his own doing.......

  • #2
    This ruling doesn't impact a custodial parent at all in terms of their income. Child support is based exclusively on the pre-tax income of the non-custodial parent. A custodial parent could be making 5 million dollars a year and the NCP could be making $30,000/year - it's based on the income of the payor and the payor alone. THe only time that a CP's income is a factor is in determining the section 7 expenses and if the NCP wishes to vary the child support under the undue hardship provision - when that happens, the courts do a comparison of the standard of living in both homes and look at the income of both the CP and the NCP as well as any new spouses.

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    • #3
      ruling

      thank you for the info........next question
      if the CP is living with someone however legally that person is still married to someone else how does that effect household income........I dont consider my self common law whereas he is married to someone else still........how does that effect me.......also if NCP is moving in with his gf is her income also considered for support

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      • #4
        It doesn't impact you as the CP at all unless there is a comparison of the standards of living in both homes under the undue hardship provisions. Your ex could be living with a harem - their income as yours and anyone you are living with is used in the determination of the comparison of standards of living when the NCP wants to lower the support.

        It's important to remember - child support is based exclusively on the pre-tax income of the payor parent - the custodial parent could win the lottery and be the CEO of the Ford Motor Company or a Hollywood Star for that matter - the CP could have jillions in annual income - the CP's income is not in the equation at all - it is exclusively based on the income of the payor parent.

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