Since my son was 1 (he’s 5 year old now) my ex-wife and I share 50/50 custody of him. She quickly after 4 months of our separation had her boyfriend move in with her; they got married and have a new 8 month old child. She has always made a slightly higher salary than me however I never sought any type of financial compensation / child support from her household.
For 2 years I dated the same person, I lived as a single dad and raised my son on my own without the financial help of anyone. On the 3rd year my girlfriend and I moved in together and have recently got married. My new spouse makes a significant higher income than I do. About 7 times as much.
My ex-wife who has been off on maternity leave for the past 8 months is earning a significantly less amount of money. Whatever the max EI Ontario pays… We were sharing the cost of daycare at 50/50 therefore when she advised she was taking Mat leave I advised her that I would take over paying the full daycare amount until she returned to work. I have been doing so ever since.
She will be starting a new job in a few weeks and she has advised that her income will be approximately $10,000 less than mine. She’s decided to threaten me with claiming undue hardship due to her E.I. salary being so low and the fact that her salary will be less than previous years.
By doing this she wants my new spouse’s income to come into play as she feels we have a much higher standard of living than she and her husband do. I agree that yes we have a higher standard of living than they do and I am prepared to pay whatever I need to pay “my share / my salary”! What can I do to prevent or protect my new spouse’s income from coming into play? Together my e-wife and her husband earn approximately $75,000 per year which is quite higher than the poverty line.
What do I do? What is the likelihood of this occurring?
What I’ve read in previous posts are that Undue hardship claims are about the payor, not the recipient, of child support and Child support amounts are based on my income alone.
Keep in mind we still share 50/50 custody… Because she’s been off on Maternity leave for the past year will only her 1 year salary be taken into consideration when calculating child support? Will they look at the historical 3 years that she’s made?
For 2 years I dated the same person, I lived as a single dad and raised my son on my own without the financial help of anyone. On the 3rd year my girlfriend and I moved in together and have recently got married. My new spouse makes a significant higher income than I do. About 7 times as much.
My ex-wife who has been off on maternity leave for the past 8 months is earning a significantly less amount of money. Whatever the max EI Ontario pays… We were sharing the cost of daycare at 50/50 therefore when she advised she was taking Mat leave I advised her that I would take over paying the full daycare amount until she returned to work. I have been doing so ever since.
She will be starting a new job in a few weeks and she has advised that her income will be approximately $10,000 less than mine. She’s decided to threaten me with claiming undue hardship due to her E.I. salary being so low and the fact that her salary will be less than previous years.
By doing this she wants my new spouse’s income to come into play as she feels we have a much higher standard of living than she and her husband do. I agree that yes we have a higher standard of living than they do and I am prepared to pay whatever I need to pay “my share / my salary”! What can I do to prevent or protect my new spouse’s income from coming into play? Together my e-wife and her husband earn approximately $75,000 per year which is quite higher than the poverty line.
What do I do? What is the likelihood of this occurring?
What I’ve read in previous posts are that Undue hardship claims are about the payor, not the recipient, of child support and Child support amounts are based on my income alone.
Keep in mind we still share 50/50 custody… Because she’s been off on Maternity leave for the past year will only her 1 year salary be taken into consideration when calculating child support? Will they look at the historical 3 years that she’s made?
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