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  • Step child support

    Im currentrly paying support for step child. I just recieved information that the biological father is also been paying support since the time their seperation.I asked her several time during our relation ship if the biological parent was paying and she said that she didnt want anything from him and the answer was no . Now shes recieving support from me and him is this legal ? Or is this fraudulent . How would I persue this isssue . My funds are limitted is it worth persuing

  • #2
    Of course it is worth persuing! Do you have access/visitation with the step child?
    The ex needs to report all her income, including support, therefore it stands to reason that that should be considered when determining what you should be paying.

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    • #3
      She absolutely has an obligation to report that. Can she "double-dip" on child support in such a situation though? I'm in a similar situation and my ex claims that she was told she could get full support from both the bio dad and myself, but that seems fairly dodgy. I would think that either one of us has to pay the full amount or we'd split what was to be paid - but both of us paying the full list amount seems rather unfair.

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      • #4
        both can pay

        I have a friend that pays support for his step child and the bio father does as well. The judge in his case ordered it and both fathers now pay. My friend pays $425.00 a month and the bio pays $395 a month. Crazy...but true.

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        • #5
          My understanding is that the court determines the amount that the step parent would be responsible for according to income relative to the tables, then subtract the amount being paid by bio.

          If Biological parent is paying $250 and the step parent was calculated to be responsible for $425, then the end result would be $175 for step parent.
          http://www.canlii.org/en/nt/ntsc/doc...01nwtsc59.html
          This is a link to a case law of this type of splitting when a custodial parent seeks support from two individuals.

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          • #6
            what will happen here

            My ex wife has asked me to pay CS but the Bio dad doesen't. Im fighting this and has threaten to take me to court. He has a crappy job and I make good money so what am I looking at here. Who decides the amout when 2 people are to pay. I feel I may get the wrong end of the stick here cuz my income. He never has paid a dime even when we were together so what r my rights here and can i or both us get back pay from him??

            THKS

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            • #7
              The courts will take both the bio dad's income and your income into account.
              They will determine his amount based on the tables and then they will minus bio’s share and you pay the balance.

              This is a link to a case that will explain how courts view step parents and make decisions on who is to be in place of a natural parent and how they apply the laws.


              http://www.canlii.org/en/sk/skqb/doc...04skqb139.html

              And this link will try to explain how they determine how much the step parent is responsible for as there is no formula.

              http://www.canlii.org/en/bc/bcsc/doc...7bcsc1031.html

              It states, "this method simply involves subtracting the payments made by the non-custodial biological parent from the full amount the stepparent would be obliged to pay under the Guidelines."

              This link can be used to make your own parameter search for case laws, based on the issues that are relevant to you.

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

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              • #8
                clarification

                Actually, the "wills" in my post should really read, "may", as this is not valid for all cases, all are based on the extent to which you played the parental role.

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