Ex lives common-law with another woman....

[Boyz5]

for 2 years now....I am receiving a ridiculously low amount in child support for 5 boys(304.33 to be exact) based on his income from 2003....He is living with this woman for two years who works and HE now has a good-paying part-time job.....My question is: Could her income eligible for increasing the child support payments?......I work hard cleaning houses to help support myself and I just can't keep going this way....He doesn't pay for extra's at all....I pay for everything from school fees to sports activities,swimming lessons,you name it!!.....Just to add that I live in B.C. and do not know of any websites such as this one that could help me with these questions....Any ifo would be appreciated....Thanks in advance!

[dinkyface]

It sounds like you have a clear case for increase in support payments. Can you find out if you qualify for legal aid?

1) The amount he is paying now corresponds to a gross income of $15k. If he now makes $20k, it should increase to about $525. Or to $720 for $25k.
2) if you claim 'undue hardship', his partner's income *might* also be considered when calculating his CS payment
3) some of your expenses might be considered 'extraordinary expenses', to which you are BOTH supposed to contribute proportionally according to your incomes.

Also, any expenses you incur in order to obtain your fair share of support payment is tax-deductible.

[midnightvampyr]

3 years is the minimum of 24-7 living in a common law arrangement....I assume tax assessment notices have been exchanged since 2003???....lawyer required

[catchison]

I would caution you that if you push too hard, he might decide to work less, not pay more. Is it really fair to expect the woman he lives with to subsidize his past life and children created with you? Since they are not legally married, it would be doubtful that her income would be considered. Is there any way you can discover if he is actually working more than he says he is - why only part time?
A strongly worded letter from a lawyer reminding him of his duties sounds in order but remember lawyers cost big money too sometimes with very little outcome.

[Banaschar]

Not sure about BC but her income should not come into play for CS. Not her kids.

[lulu46]

Not ture! It can come into play if her income allows him the financial freedom to work less they may and can look at the whole situation...it has happened!

[frustrated11]

but why is he working less, the current job market is an example, company's cutting back and only hiring part-time, past injury....they look into all of this

[Boyz5]

Not ture! It can come into play if her income allows him the financial freedom to work less they may and can look at the whole situation...it has happened!

I think this is the situation exactly.....Also,I believe that here in B.C.,common-law is recognized after 2 years together.I am going to look into this further......Thanks for your responses everybody

[Boyz5]

I've just found out that my Ex is working in real Estate again in addition to working this part-time job on the weekends......MMMmmmmmm,time to ask for the last 3 year's income tax returns,I think

[Ihave2kidsIcannotsee]

when you were married you used your 2 incomes to make it through life why now do you think that you are entitled to his common law partners income? Did she have your kids or something? she is not in anyway responsible for your children because she is with your spouse that is craziness that I am sure the court being so messed up might go along with but its morally disgusting.

[representingself]

Boyz5...

IF you claim undue hardship, her income WILL BE included in determining if there is a great discrepancy between the standard of living in the households.

He cannot hide behind his new spouse's income, in order to avoid his child support obligations. Doing so is morally repugnant!

If you pass the undue hardship test, then you will receive a higher child support payment.

Then your ex's new spouse will probably tell him to get off his butt and get to work, so that he can pay his bill!!

[standing on the sidelines]

when you were married you used your 2 incomes to make it through life why now do you think that you are entitled to his common law partners income? Did she have your kids or something? she is not in anyway responsible for your children because she is with your spouse that is craziness that I am sure the court being so messed up might go along with but its morally disgusting.

I would agree with you for the most part, but if someone is intentionally underemployeed due to their partners high income then it should be considered. Not saying that this is the case here.

[Boyz5]

when you were married you used your 2 incomes to make it through life why now do you think that you are entitled to his common law partners income? Did she have your kids or something? she is not in anyway responsible for your children because she is with your spouse that is craziness that I am sure the court being so messed up might go along with but its morally disgusting.

Not that it matters that much,I was a stay at home Mom when we were together....We've been divorced now for 5 years and he has been hiding his income up until the time his business partner/friend gave him the heave-ho that he deserved 2 years ago....Then he moved in with this woman and in my opinion is doing quite well for himself while I go into debt trying to provide them with all that they need...You want to talk about morals,my Ex doesn't have any!!...My Ex is a con man,he's NOT a nice person,doesn't contact them on their birthday's or even returns their phone calls when they try to contact him....I believe he's living off of her and hiding behind her...In fact when he moved from this area to another city 200 miles away,there was no forwarding address in which I could reach him should the kids become sick and then he STOPPED paying the measly 304.33 up until the government put a trace on his employment and his address some months later,then was forced to pay through the government because of threats to garnishee his wages did he start paying again....Now,When and if I do ask for his last three years of income tax returns,I'm sure he'll only submit the returns for the part-time 2 day a week job he is working,will deny he is selling real estate again,will deny he's living with someone who is helping him pay his bills,rent,food,etc..,will cry undue hardship himself and make up bogus loans that he owes to people(he did before) and on and on the lies will go.....SO please Ihave2kidsIcannotsee, With all due respect,the person that is lacking morals here is my ex,certainly not me...Thank You and have a nice day.

[Boyz5]

Boyz5...

IF you claim undue hardship, her income WILL BE included in determining if there is a great discrepancy between the standard of living in the households.

He cannot hide behind his new spouse's income, in order to avoid his child support obligations. Doing so is morally repugnant!

If you pass the undue hardship test, then you will receive a higher child support payment.

Then your ex's new spouse will probably tell him to get off his butt and get to work, so that he can pay his bill!!

Oh,believe me,"representingself",I'll have no problem proving undue hardship....i am sinking deeper and deeper into debt while he galavants around with different women,cheating on them all the while,hiding his true income from me and has never been there for his kids.....I'm getting tired of trying to get by with what I'm earning,working my fingers to the bone while he rides on the coat-tails of another woman .....sigh

[RF0508]

This is RICH!! You expect this woman to fork over for YOUR children? OMG. What IS this world coming to? I'd be careful if I were you, if she's got kids of her own, your "undue hardship" may come back to slap you in the face. It may turn out their household income is LESS than yours. But, if your ex is a womanizing jackass, maybe she'll put him out and you're right back at square one. Good luck, but with our screwed up CS system, you'll likely get it. Let's hope the girlfriend is smart and dumps his sorry a$$.