Ex had a baby (someone elses), stopped working, now wants more child support

[climber9]

Hi Everyone,

Looking for some advice here. The title pretty much explains it all.

Last year ex made significantly less and my offset child support payable would double.

I really would like to find some case law on this one that supports my position that I don't have to pay her more.

Any recommendations on search terms for this on Canlii? Or similar experience to share?

Thanks!

[rockscan]

You need to search for purposely underemployed on canlii. There is case law of spouses who are purposely not working.

[Gilligan]

I am / was somewhat in your very same predicament.

In my case, my ex was able to present a doctor's note from a clinic & LTD letter for temporary LTD. Not only was CS adjusted, I was also on the hook for costs. Nobody batted an eye, and the only thing the judges told me was "you should be happy her income isn't zero"... Seriously... Not a question was asked about her "disability" nor was she required to produce any other evidence, citing her "privacy". It's been about 6+ years and my ex's NET income is at least if not better than when she was working and has no motivation to go back to work. Given my experience with the courts, I am doubtful they would do anything and I would likely be responsible for paying her legal fees.

As for having another child, I was told that mother's are often granted a wide margin for other children and that if her income is lower, then it is often up to you to pay offset based on that.

Trust me when I say it, I can 100% understand your pain, but you would want to be cautious in this negotiation.

Sorry

[StillPaying]

It's been about 6+ years and my ex's NET income is at least if not better than when she was working and has no motivation to go back to work.

I don't understand your claims, but just like Gilligan and the rest of us, the op would impute the correct income. New parent may receive a short grace period, but ultimately would still be financially responsible for all their kids.

[sahibjee]

Hi Everyone,

Looking for some advice here. The title pretty much explains it all.

Last year ex made significantly less and my offset child support payable would double.

I really would like to find some case law on this one that supports my position that I don't have to pay her more.

Any recommendations on search terms for this on Canlii? Or similar experience to share?

Thanks!

I understand your pain. Here is what the judge did in m case.
1- When the ex had someone else's kid, the judge bullied me into agreeing to a 6 months of no CS for my child.
2- When that kid was about 3 years old ex said she cannot work because her new kid "maybe" autistic. The judge told her to get a note for herself from a doctor that she cannot work.
ex came up with a walk-in clinic note that did not say that she cannot work but said that she has low iron. also the same doctor referred her new kid to a specialist to be assessed. Based on that yet again the judge tried to bully me into agreeing to NO CS saying the ex cannot work. She then "reserved costs" during a case conference when I told her that I cannot question ex because I am not prepared (the judge violated the minimum 3 days notice rule on questioning)
After playing the judge's game right back on her I was only able to get minimum wage imputed to ex.

So based on my experience, your ex is more likely to win than you. That is the unfair reality. If I were you i'd make a recording of the hearings as that is allowed as long as you inform the judge before the hearing starts.

[Janus]

Interestingly, fathers who have new kids are never allowed to take time off work to care for the newborn. At the very least, they are not allowed to reduce their income. That opportunity is only available to mothers.