Financial Responsiblity of Step-Parent

[Reddrummer]

Situation:

1. I was in a C-L relationship, had a daughter with her, we separated when my daughter was just 3 years old.

2. We mediated and agreed on shared/split custody of our daughter and due to me earning higher income, I was paying her child support (without argument ofcourse)

3. She got married about 9 months later (daughter still 3) with guy she left me for. (don't worry I'm over it!)

4. I'm currently common-law with a new girlfriend I've been with for about 3 years and my daughter is now 7. My ex is still married to the same guy and I'm still paying the support.

Question:

I've been hearing alot about obligations of step parents when they are involved in a childs life before they turn 5 (during prime psycho-social developmental years). I've also heard that in these situations, their income would come in to play in determining child support amounts.

I was wondering if anyone has any reference material to back this up (i.e. outcome of court proceedings, laws, etc..)? I'd appreciate any help with this as I feel I've been burned by this. If this is truly a precedent set in the courts, then I should have been the one getting the support.

[dinkyface]

Have look at the child support guidelines to get a better idea of what is expected. Note particularly the Undue Hardship section.

About Child Support in Canada

Assuming you personally earn more than your ex, then YOU will be the one paying support. New partners and their incomes are irrelevant, unless one of you uses the 'undue hardship' argument (I get the impression this is not the case for either of you).

[Reddrummer]

Thanks but that didn't really answer my question. I'm aware of how the guidelines work however I'd like to know if a step parent gets involved under the circumstances I already stated, does that play a factor.

[dinkyface]

No. You haven't described anything unusual in your circumstances. Just that new partners have appeared.

[#1StepMom]

I'm Stepmother to my husband's son and have been his entire life. I've reviewed this type of situation many times over. This is what I learned in my personal research, which I was forced to begin when my husband list his job and the child's mother made threats to go after me for child support. Because the child's biological mother had primary residency, she could only attempt to go after my income if my husband claimed undue hardship. If she were to marry and as a result the child would have a stepfather, she could only go after child support from the stepfather if he and her divorced. So, in your case, just because your ex is married to a man that it Stepfather to your child, that doesn't mean that your financial obligation gets reduced... unless of course you claim undue hardship. If you claim undue hardship, then your partner's income will be taken into account as well. I hope this answers your question. ;-)

[Reddrummer]

Thanks for your opinion. Anyone else have anything to share? I'm looking for someone who may be in a similar situation if possible.

[NBDad]

The only other time I can think of where the new spouse's income may be taken into consideration would be if your ex stopped working altogether and allowed her new husband to support her household. In that instance, you could technically make a claim to have an income inputted for her based off her household income, rather than her personal income. (since she would be "voluntarily under/unemployed." and the courts are not supposed to accept 0 as an income.

Your best bet is to have her voluntarily agree to this, and if she doesn't, then you would need to file a motion to vary asap after she stops working. It'd be tricky at best, since she's the mother and the courts would tend to favor her pretty heavily, and would be loathe to break status quo.

If she is currently employed and remains so, then you don't have any options. Her new husband is not under any obligation to support YOUR child. Your time, effort and money would be better spent elsewhere.

In the event that she and the new husband split, she can technically try to go after him for support IF he acted as a parent in the eyes of the child. (it's called acting "in loco parentis"). YOU cannot go after him for support if they split, only SHE can, and it probably wouldn't be successful. (since again, you are in the child's life and are currently paying support). The in loco parentis angle is usually only applicable in situations where the bio-parent is not an active participant in the child's life.

How close do you split custody/access? 50-50? 60-40? Who currently claims the CCTB/UCCB? Who currently claims the child on income tax?

Are you paying full table amounts of support or are you using the "offset" method? (In cases where the custody is split at least 60%-40%, you take the full table amount of what you would pay her, then the full table of what she would pay you, and subtract the smaller number from the larger. The person with the higher income pays the difference between the two to the person with the lower income)

[singledad99]

Excellent analysis by NBDad. Speaking purely from my personal point of view, do you really want someone else to raise your daughter? I would keep my focus on my daughter and if anything I would like to have my daughter with me more often (if currently it is anything less than 50/50).

[Reddrummer]

To answer everyone's question, 50/50 shared/split custody and offset amount based on just our incomes.

Excellent analysis by NBDad. Speaking purely from my personal point of view, do you really want someone else to raise your daughter? I would keep my focus on my daughter and if anything I would like to have my daughter with me more often (if currently it is anything less than 50/50).

I'm having someone else raise my daughter whether I want it to happen or not. This is my focus as having someone enter my daughter's life at such a young age plays a serious effect on her development. Further to that, I believe that if a couple doesn't even want to wait until after a reasonable grace period to move in together after a separation then that should come in to play. And as I understand it, in some cases, it has. Also, to reiterate, I don't hold any grudges, and don't really have a big problem with the other guy in the picture. I just think that leaving me for another man is one thing, but bringing this guy in to my daughters life right away when she is so young should have this gentleman be recognized differently.

Also, does anyone know a reference site where I can get information about completed court cases and such? I'd like to do some research before putting this one to bed.

Thanks all for joining in in discussion btw. I like a good heated back-and-forth.

[About_Time]

As has been said already here, nothing in the current situation impacts the amount of CS you pay. The only way it gets opened up again is if they split and she goes after him for support of your daughter, but even then you'd probably still be paying full support and he'd be paying some partial amount.

I'd imagine that you are not likely to find much case law on this, as any such challenge would have been tossed long before it reached a trial. Feel free to poke around on CanLii though ( CanLII - Canadian Legal Information Institute ). Your ex could have moved in with the other guy 5 minutes after you left and married him the day your divorce finalized and it wouldn't alter your obligation in the slightest. One simply has nothing to do with the other.

[dinkyface]

You can search cases on CANLII here CanLII - Canadian Legal Information Institute

[dinkyface]

There is also a trade mag for divorce lawyers ... waiting room reading, not sure of the name. But you might be able to search in the library for relevant articles in them.