child support question?

[kirakisses]

My boyfriend and i have been wondering about this, so thought i would ask.

My boyfriend has a son with his ex wife, right now he pays 400 a month because for the last year of their marriage she had quite her job and so her income was and still is 0 without including her new husbands income and her unlicensed daycare she runs in her home(all under the table so cant use that income), and my boyfriend makes about 40,000 a year. but the question we have is if when/ we have a child together will his child support for him son go down at all. with all of our bills we would never be able money wise to have another child and we both would like another one someday(he has his son and i have my daughter but want 1 together). so does him having another biological child change his child support?

thanks in advance for any information you can give me.

[representingself]

Simply put... the answer is no.

Having additional children does not reduce the child support owing to the first child(ren).

Right or wrong... it is what it is.

If you can't afford to have more children, don't.

[NBDad]

Couple questions:

1. How old is the child?
2. How often does he have the child?

Now...

Short answer is no, his support does NOT decrease if he CHOOSES to have additional children..HOWEVER his ex wife CANNOT declare an income of 0. She has an obligation to support the child just as much as he does.

What he CAN do, is file a motion with the court to do one of two things:

1. Impute her an income at full time hours/min wage.

2. Have her husband's income used as "her" income, since she's (on paper) not working and he is supporting her fully.

(FYI you'd have better luck with the first one).

Now this will ONLY affect child support amounts if he has the child 40% or more of the time. (As it would flip to "offset" amounts). If he's doing the EOW + 1 evening a week typical screwjob, then it'll do nothing but make the percentage of special expenses a little more fair.

$400 a month is NOTHING. If he's only doing EOW, then it's cheaper for him to accept that and pay his support. If $400 a month is going to break you financially with having another child, you have no business in doing so.

Wrap it until your situation is better.

[dadtotheend]

Here we go again.

The early Vegas line for the over/under in # of posts to this thread is 50.

[kirakisses]

his son is 4 will be 5 in may, and he has him every other weekend as well as 2 days and nights through the week.

he is also suppose to receive the $100 universal child car benefit and doesn't/hasn't seen that at all....

i'll be sure to pass that info on to him, and 400 a month doesn't break us, but i was thinking if im not contributing to our income after having a baby because of not working for a time im sure we could make it work but would be very tight until i can return to working.

[dadtotheend]

Based on the parenting schedule you describe, it would be Mom who is entitled to the UCCB.

[kirakisses]

Its in their court order that he is to get it every month and he'd never seen its, but doesn't want to take her to court for it because in the end he will being paying out more for a lawyer then he'd get.

i don't know a lot about this i get to keep all the money from the government and get child support from my daughters father as he only gets her EOW suppose to be EOW and 1 day during the week but he chooses not to take her during the week.

[HammerDad]

It looks like your b/f has about 40% of the time (6 nights out of 14 = 42.8571429%) if you have 2 nights each week and every other weekend.

The ex would most likely be entitled to the UCCB (I'm not sure how those work, as they've never been an issue for me), but you b/f would be entitled to use the offset amounts for child support. It works by basically subtracting Parent A's income from Parent B's income and then taking that number to the child support guidelines.

b/f income = 40,000
ex's income = 0
______
40,000 to use for the guidelines, that is unless you have her income imputed to an amount equal to what she is capable of making based off of skill set etc. Or at worst, full time minimum wage, which would work out to closer to:

b/f income = 40,000
ex's income = 20,000 ($10 an hour full time is about $20k a year)
______
20,000 = $172 in child support owed by your b/f to the ex.

Otherwise, having another child does not reduce his children of the previous relationship. Having more children is a choice that must be made given current finances. His previous children shouldn't be disaffected by any decision he makes now. Now that is unless you claim undue hardship, but that opens up the entire household finances to scrutiny.

[Mess]

2 days/nights every week and every other weekend adds up to 7 nights every 14, exactly 50/50.

Your husband should contact the CRA and indicate that he has 50/50 shared parenting. Check the CRA website and/or call their helpline. We could walk you through this but ultimately you have to contact them anyway so get it straight from them. With 50/50 he should get the $100 child care amount for 6 months each year, he and his ex should split the the CCTB money and they should probably alternate using deductions for the child each year. If all this is not the case, the mom is collecting benefits illegally from CRA and will be forced to repay. Your husband should persue this also to entrench his custody level, having it on record in as many places as possible.

The child support paid should be set off, take what your husband would pay the mom, and what the mom should pay the husband and subtract one from the other and pay the difference. She cannot have an income of zero. Either she declares her child care income, or she declares her husband/bf income as family income, or she accepts an imputed income, but she is responsible for supporting the child and must have or be persuing income. No judge would accept an income of zero.

The amount he is paying for one child seems a bit too high. The table amount at $40k income is $367 per month, but perhaps you are rounding off? In any case, the mom should be imputed at least a minimum wage income, around $20k and the set off should be around $192 per month.

ETA: Hammerdad beat me by 1 minute

[HammerDad]

Mess's formula and my formula are similar, but I think his is more correct.

[Mess]

Mess's formula and my formula are similar, but I think his is more correct.

Hammerdad added the days up better than I did.

[NBDad]

Its in their court order that he is to get it every month and he'd never seen its

Unenforceable clause. That isn't in the courts jurisdiction to order. If he has her that much and has that in writing, has he filed application with CRA to receive the CCTB/UCCB for 6 months/year as he is legally entitled to do?

If not..do that soonest.

Then, file motion with the courts to impute her an income at full time hours/min wage. (You want to specify BOTH options though..either full time min wage OR use her husbands income as household income since she is not working)

See the Family Law Info Center or similar (if available) in your area on how to do the paperwork and self rep on it. Should be easy. Impute the income, use offset table amounts and call it a day.

[kirakisses]

just wondering why would they have no set her income at full time min wage back when they originally went through court?..... thanks for all the great info i will pass it along tonight and see what happens.

[HammerDad]

just wondering why would they have no set her income at full time min wage back when they originally went through court?..... thanks for all the great info i will pass it along tonight and see what happens.

The courts will only do what you ask them to do. Judges aren't there to rule on questions not asked.

[kirakisses]

alright thanks hammerdad you guys have been a great help! this website always is.