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Old 08-14-2014, 12:58 AM
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Default Dissenting Judge view on household expenditures with new spouse

Any comments on this particular passage from:

Contion v. Leonelli-Contino S.C.R. (2005)

Justice Fish J. says regarding household expenditures with newly married spouse:


An additional difficulty arises where the household
is not limited to the parent and child alone. In
this case, for example, the Court of Appeal noted
that the father has remarried (para. 11). It is therefore
unclear why 50 percent of any — let alone
all — household expenditures should be attributed
to Christopher.


However illogical, this 50 percent apportionment
was accepted by the parties and relied on by
the courts throughout. At this stage, I therefore feel
bound to do likewise, albeit reluctantly.

Yet the Federal Child Support Guidelines state:

If you remarry, does the income of your new spouse affect child support amounts?

The only time a new spouse's income is considered is when either parent pleads undue hardship. In deciding undue hardship, you and the other parent must compare the standards of living of your two households. To do this, you must take into account the income of every member of each household.
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