adjusting child support

[crispy]

Hello all, it's been a long time since I've been on here. hope everyone is doing well. I have a question, 2.5 years ago I had to leave the city my children live in for work. I lost my job and had to leave as there was nothing available in my line of work. I chose to move only 700kms away and turned down the other jobs that were further away. I met a girl and married her just 8 months ago. We make the travel together to see my kids every 2-3 weeks, sometimes 4 depending on my work schedule. I have not asked for any relief to see my kids as I have to incur almost $200 each trip just for gas. Thank god my parents live there so we have a place to stay.
We just found out last week that my wife is expecting now. What my question is, with my wife pregnant, does it effect my current child support at all? Oh, I should probably also add that I pay full tabled amount of child support and we have a clause about extra curricular's that I'm not responsible for them at all, but I still pay quite a bit. I'm also wondering if there is some sort of tax break if anyone knows about it, cause with this added expense of travelling, I'm paying close to 45% of my gross income. Any ideas are appreciated.
My children's mother also refuses to let my girls come to my city where I live now. The children are 7 and 5. They talk a lot about coming to see us and I always have to tell them that one day they'll be able to come. I know that if she is not willing to cooperate with sending them here I have to get an order from the court saying so, but I'm looking for any other opinions or tricks as to what to do. My ex and I have been getting along great until recently when we attended an event for my oldest and interacted with everyone from her side and the kids would not leave us alone. My oldest actually took my new wife's arm, put it over her shoulder and snuggled right into her, just as my child's mother turned and saw it. Now we figure that she's being difficult with access as a revenge towards me.

I thank anyone with any input in advance. Take care everyone.

[torontonian]

New kid will not affect old kids' CS. Unless you claim undue hardship. You should be given the option of having your kids over. I'd pursue that line of thought. If you've never had them stay overnight with you at your parents, start with that request, then extend, so you can have some summer vacation time with them... Good luck.

[NBDad]

undue hardship...as the father...based on a new wife/kid...good bloody LUCK with that one. Won't fly. Not worth the legal fees to attempt it.

The advice you have been given is sound. Unless you are a danger to the kids, you should be getting at least EOW + equal split on holiday access times.

Since you moved, you are responsible for the access costs. You MIGHT be able to sell the court that it was the closest job you could find, but it'd be an uphill battle. It's PROBABLY not worth it unless you are also going in for other things as well.

Propose to have them overnight at your parents place, and gradually increase to overnights at YOUR place. Pick up Friday, Drop off Sunday.

[torontonian]

700 kms twice over a weekend? ouch!

[crispy]

undue hardship...as the father...based on a new wife/kid...good bloody LUCK with that one. Won't fly. Not worth the legal fees to attempt it.

The advice you have been given is sound. Unless you are a danger to the kids, you should be getting at least EOW + equal split on holiday access times.

Since you moved, you are responsible for the access costs. You MIGHT be able to sell the court that it was the closest job you could find, but it'd be an uphill battle. It's PROBABLY not worth it unless you are also going in for other things as well.

Propose to have them overnight at your parents place, and gradually increase to overnights at YOUR place. Pick up Friday, Drop off Sunday.

I already have the agreement on access with my kids. I get them every second weekend for 3 nights, but due to the distance and my shiftwork schedule, I absolutely can't see them as much as the order dictates.

[Teenwolf]

I don't necessarily agree with him being responsible for all the access costs, simply because he's the one that moved. It makes sense, but I've read many case law whereby the CP moved away with the kids and the NCP was stuck with 100% of the access costs, full CS amount and section 7 expenses to boot.

With this said, I've seen some cases where access costs were factored into section 7 costs and I only saw one case where the judge made the CP 100% responsible for access costs. In that case, the CP packed up the kids and moved to the USA without consulting the NCP. The NCP was significantly disabled and unable to work any meaningful work. In order to ensure that the kids spent some time with the NCP, the judge specifically ordered that the CP paid all access costs.

I believe what it really boils down to is the financial means of each parent.

[Tiresome]

I just got on to here, can anyone assist in a child support Question? My eldest lives in a diff city than my ex, she has her own apartment, and is living with her partner. She goint to university full time She is 21, and is working full time, and gets her first degree next summer should I still be paying child support to her if she is no longer under my ex's roof? and she is working full time, and she does get OSAP

[blinkandimgone]

Hell no. Child support paid when the child is away at university/college is intended to cover the costs of maintaining a residence for the child and the related expenses for when the child returns home, be it over the summer, holidays etc.. The child has her own permanent residence, a full time job and the equivalent of a spouse. No way you should be paying CS to the ex or your child.

[Gary M]

No, no, and Hell No!

Cheers!

Gary

[Tiresome]

Thanks for the reply! what is the best way to stop this? as due to finances, it is difficult as you know what lawyers are like should I just try to converse with the ex on this matter? as she is an awkward person!

[torontonian]

Motion to change.

[Gary M]

^^^^ That

You don't need a lawyer, and the realization that she'll be hammered with costs (assuming your original post to be factual) if she doesn't consent should be enough to instill in her a measure of reasonableness.

Cheers!

Gary