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  • Question about the Step Parents Income

    Hi All, New here today. I am just recently considering talking to a lawyer about a couple issues. One of the issues is about sharing expenses for hockey, dance, soccer etc. I've been separated nearly 5 years and the amount my ex is willing to pay and the promptness of payment just gets worse and worse.
    Just out of curiosity, does the income of either of our new spouses EVER come into play? Neither of us pay support and do 50/50 with the kids.
    Thanks!! (I have a bigger issue, but will post where it belongs)

  • #2
    If the payor is making a claim for undue hardship, his/her household income would be looked at.

    Comment


    • #3
      Basically ... NO. Unless one party claims undue hardship and good luck with that because it's an uphill battle.

      From what you posted you share the kids' 50/50 and neither pays the other offset CS so both biological parents incomes must be virtually the same. In that case Section 7 would be split 50/50.

      If by chance the other parent has remarried a millionaire then their income WOULD NOT come into play as they have no legal obligation to support the child you and your ex have.

      The only time HOUSEHOLD income would come into play is if one of the parents claimed undue hardship and at that point full disclosure from both parents is req'd.

      Comment


      • #4
        Thanks!!

        This is exactly what I wanted to confirm.

        Comment


        • #5
          Clarification

          The only time HOUSEHOLD income would come into play is if one of the parents claimed undue hardship and at that point full disclosure from both parents is req'd.






          Just to clarify...If my ex tries to go the undue hardship, all four incomes will then come into play? (not worried about this, but just need to know)


          Also, I've read the odd post where "standard of living" is talked about. Can someone tell me what the rules are about this? (I will search it too) My ex seems to consume himself with the idea that my current partner makes SO much money that we really SHOULD pay a higher percentage of expenses for the kids.

          Comment


          • #6
            Hi!

            Yes, if either one of you wanted to claim undue hardship, then all of the spouses would have to do a comparison test of the household.

            Check this out:

            Step 8: dealing with undue hardship - The Federal Child Support Guidelines: Step-by-Step

            Your situation is a little unique, where neither of you pay, and you only split s7 expenses.

            Hope that helps!

            Comment


            • #7
              Originally posted by kingstonmomof2 View Post
              My ex seems to consume himself with the idea that my current partner makes SO much money that we really SHOULD pay a higher percentage of expenses for the kids.
              Legally of course he is wrong, but just because the law is an ass doesn't mean that you have to be as well. You have more money than your ex, be happy and contribute more for the sake of your children.

              Comment


              • #8
                Janus, we DO pay extra here and there and have for the past 4 years.
                I'm just getting a little tired of it. My ex takes advantage of it and I'm a little
                tired of laying down to avoid ANY and all conflict.
                Example: he felt that 2 dance classes were too expensive last year for our daughter. Fair enough. Could he offer to pay what he thought was reasonable? Offer half of the price of one class? Hell, offer me $50!! No, nothing.

                I won't go into it any further. There is the getting to school thing too, which I am helping to pay gas for. (that's in another post). I earn less, and he just pushes the limits, because I let him.

                I feel he can take responsibility for his share of the very basics.
                Hope that helps. I am CONSIDERING applying for offset cd which would total a whopping $157/month.

                Comment


                • #9
                  Originally posted by kingstonmomof2 View Post
                  Just to clarify...If my ex tries to go the undue hardship, all four incomes will then come into play? (not worried about this, but just need to know)

                  Also, I've read the odd post where "standard of living" is talked about. Can someone tell me what the rules are about this? (I will search it too) My ex seems to consume himself with the idea that my current partner makes SO much money that we really SHOULD pay a higher percentage of expenses for the kids.
                  If a undue hardship claim is made, then the full household income for each party must be disclosed to the court.

                  It's important to note that a higher household income in the CP's house is not a reason for undue hardship. There is a two part test that the courts use in order to determine undue hardship. The first is an examination of the circumstances that may cause undue hardship. If you look at the guidelines, stuff like unusually high levels of debt acquired during your relationship, unusually high costs with child access, or a legal duty on the payor to support another dependent. These examples are not exhaustive, but they provide reasons for undue hardship.

                  If part one of the test is met, then the judge will proceed to part two, and compare the household standard of living. The law requires the judge to dismiss the undue hardship claim, if the payor's household standard of living is higher than the payee's household. This is why household income is considered; it is not a reason for undue hardship. It's simply a threshold used by judges to ensure that undue hardship applications are not awarded to payors who have a higher standard of living than the payee.

                  Comment

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