tabled support, splitting children, 3 payors, grandparents

[pawn]

Hello all, I will try to keep my question short. I am reciently devorced and had 1 child within the marriage. The Lady I married brought in 2 children to our marriage. Upon divorce, I have full custody of my Bio child, (and her role has diminished to approx a few hrs every 2 months although her does have access, she had chosen to vanish). Her 2 bio kids are residing with her Grand Parents. I just recieved court papers asking for child support to be paid to grand paretns. I do not receive any support from the BIO mom as she is now engaged and does not work, The court papers does mention her, but says that she can not pay, also mentions the BIO dad, but says that they can not locate him and request full payment from me. The amount they have requested to more than double the tabled amount for my sallery. I am a single dad, raising a small child for two years now). I left the Baby Bonus monies goin to the Ex and she was to forward to her parents the $320.00 a month for the other to boys (Teen agers).

This seems to be a very unique case, as the grand parents (only 10 years older then me) are make double what I am. I do not have any money and am barly scraping by, and still own my lawyer $1,100.00 from my divorce. With the amount they are asking, I will be left with -$1,000.00 after expences to live. My expences are mortgage, taxes, income taxes, and heat, hydro, phone, and credit cards. My expences do not include food etc.

My question is, Under normal circumstances, you are required to pay the tabled amounts, and if the two BIO parents that brought the two other childern into this world would share the tabled amounts with me apportioned to our incomes. BUT, in this case, the kids have been split up, and I am the only Bio parent with a child, and I did read somewhere that when seperating children, the living conditions must be similar. Im my case, my child will suffer greatly and be at a dissadvantage (we already are at a 50% disadvantage), barley scraping by, and the other to children are in a financially stable home with large income. I can not afford a lawyer, so I will attempt to represent myself in court. I have sent them all my financial returns for 3 years as requested, Can I request financial returns from the grand Parents? To show that my child is at such a disadvantage already. He is the looser in entire mess. I have no family left, so he is all I have. I have been doing my best with him, and have never complained 1, nor have I asked anyone for anything. Thanks.

[kamkatie]

Hi Pawn, my condolences for being in such a difficult situation and congratulations on being there for you son. First off, who filed the court documents? Was it mom or the grandparents? Second, in order to be responsible for child support towards your two step-children it would need to be proven that you stood in loco parentis (as a parental figure) to these children. Did you? Were you a parental figure or did the kids just happen to live with you while you and their mom were together? Third, who says mom cannot work? If she is puposefully unemployed or underemployed then she should be found responsible to pay child support.

[pawn]

The Grand Parents under their wonder salaries have been collecting the CTC and have been collecting Welfare for the children. Welfare has provided their representation, and they have signed the forms. I DO NOT deny loco parents status, I loved and looked after them as my son, till they were ripped from me. As for the Ex, she did work, up to last year, now just baby-sitter for cash. I hope this answers your question. And thanks for such a quick response.

[kamkatie]

I honestly don't know what a judge would do in this situation. At this point there are three parental figures for these two children and none are providing for them. At the very least you should only pay child support based on your income. You may very well have a claim for undue hardship and is something you should look into. In the case of your bio son, I would start claiming him as a dependent and get the taxable benefits for it. Have you considered applying for legal aid?

[pawn]

So I can't ask for Grand Parents financials to show that the living conditions, income and quality of life is far superior to my Bio Child? I am not trying to avoid support, I just work on Commissions and only received $700.00 since january and think the system is failing for my child, as we just barly exist, as they travel the world. Aren't living conditions suppose to be similar?

[kamkatie]

The custodial "parent"'s income matters when equating things like special expenses (ie daycare, medical expenses, extracurricular activities - see section 7 of the guidelines). A standard of living comparison is only used in cases where someone is claiming undue hardship. At that point the total income of the payor(s) and payee(s) are compared against the low income threshold for the particular province you live in. If their SOL ratio is higher than yours then you have completed the first step for a hardship claim. Otherwise sad to say, you're stuck. I understand how frustrating it can be. Again, you may have a decent claim for undue hardship considering you are not receiving any child support for the child that lives with you. My advice would be to check into legal aid, alternatively you can also try calling this number 1-900-565-4577 (referral service - I believe a $6 charge applies) and they can give you some help/information.

[pawn]

Thanks, I was just reading some Split custody cases on Can Law, and see that I must seek as you said, undue hardship so they can look at standard of living. legal aid or welfare is not something I would concider. Thanks for your help, I'll try to work through this, I just can't understand why they are asking for 31% of my income when their are 2 BIO parents out there and I am looking after my BIO son. What ever happened to the guidelines?