Single father, child care and undue hardship

[Greentiger]

A man pays the ex about $2700 per month (child support $1300 and spousal support $1400), and the ex gets $900 CCTB per month, so she enjoys a life of $3600, and the man has only about $2200 in hand, now his ex-girlfriend (no job no income) left a infant baby to him. He becomes a single father and a working father at the same time. The child care for a infant is at least 1500, and the rent plus utility is $1000, plus car and food and clothing ($600-$800), etc. His CCTB is only $200. $2200 is impossible to support his new family (one man and one infant). He has no TV and any entertainment, but as you can see, it is still impossible.

We all know the undue hardship is very difficult to apply, but I think at least the man should have a chance to apply to reduce spousal support. Do you think he can do this? If he cannot pay child care fee, he cannot go to work and pay child support and spousal support, am I right? Any experience and idea about this issue? How big is the chance that he can win his case to reduce spousal support?

One trick is that the ex has $3600 monthly fee in hand, but only $1400 spousal support is considered as income, so she receive a huge amount of CCTB, and she can apply for social house (rent is 1/3 of $1400) The man has only $2200 in hand, but his Notice of Assessment shows his income is $100,000 per year, so he only receives $200 CCTB every month and he cannot apply for social house (market rent is $1000 one bedroom apartment).

[blinkandimgone]

The smartest thing to do would have been to stop having kids. Your obligations to your first family do not end or diminish when you CHOOSE to have another.

[Greentiger]

The smartest thing to do would have been to stop having kids. Your obligations to your first family do not end or diminish when you CHOOSE to have another.

I am talking about spousal support. I paid the child support in full, but just because the ex doesn't want to work, so a man can never start a new life?

[blinkandimgone]

So you make a motion to have an income imputed to her of at least minimum wage, if you have not already. She has an equal obligation to support her children. However, this should be done regardless, not because you chose to create another dependant.

[takeontheworld]

Being a single parent is hard work. Are you receiving cs from your ex girlfriend? You should be.

[Jeff]

child support $1300

So, for 1 child, table amount, that would mean he has a gross income of $155,000?

the man should have a chance to apply to reduce spousal support. Do you think he can do this?

You'd need to look at a lot of factors - his income, his ex's income, what the separation agreement or court order says about spousal support, the basis on which spousal support was awarded, and more. Realistically, this is something he should sit down with a lawyer for an hour to discuss.

But basically, what blinkandimgone says - in general, it is an uphill battle to reduce spousal support simply because one has chosen to have another child.

Also, ex-girlfriend has an obligation to provide support - she can't just avoid paying support the rest of the child's life. That may be a preferable route to take than trying to reduce spousal support.

[MS Mom]

I am talking about spousal support. I paid the child support in full, but just because the ex doesn't want to work, so a man can never start a new life?

You started a new life. With a new girlfriend and a new baby.

Granted, none of what you're talking about is easy, I get that I really do. You have two families going here, and that's going to be expensive.

Deal with the reality, not the unfairness.

As Blink said, get your spousal support reduced by imputing income if you haven't already done so.

File for child support for the baby, an income can be imputed there as well - if nothing else you'll seize any government monies owing to her. I can't see a judge considering undue hardship as a reason to reduce child support if you haven't even bothered to file for support from the baby's mom.

[arabian]

Try to cut your daycare costs - perhaps the first wife will help out by babysitting?

[Greentiger]

Being a single parent is hard work. Are you receiving cs from your ex girlfriend? You should be.

As I said, she has no job, no income. You cannot even find where she is.

[MS Mom]

As I said, she has no job, no income. You cannot even find where she is.

You should still file for it. No job, no income at the moment. Who knows next year.

[blinkandimgone]

So there is absolutely no communication from or with her at all and NOBODY enywhere knows where she is or what happened to her? This sounds suspicious, have you contacted police in regards to a missing person or well-being check?

[Greentiger]

So, for 1 child, table amount, that would mean he has a gross income of $155,000?

There are two children from the first relationship, so the child support is $1300.

[paris]

So, for 1 child, table amount, that would mean he has a gross income of $155,000?

His numbers don't add up. He said his NOA shows income of 10,000. What he's paying and has left adds up to 58,8000.

Greentiger, why are you paying so much child support? And why so much spousal? How long was the marriage? Is there a time period for when spousal ends?

edit: OK. 2 kids. So your income is 90k?

edit again: because I realize there was a typo and your income and NOA is actually 100k

[MS Mom]

So there is absolutely no communication from or with her at all and NOBODY enywhere knows where she is or what happened to her? This sounds suspicious, have you contacted police in regards to a missing person or well-being check?

If she's on social assistance somewhere - FRO will find her.

[Greentiger]

So there is absolutely no communication from or with her at all and NOBODY enywhere knows where she is or what happened to her? This sounds suspicious, have you contacted police in regards to a missing person or well-being check?

She is an artist, never has a stable life. She travels around the country, doing some cash job on the road, such as picking apples for farmers for one or two days, etc.