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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 02-10-2015, 11:27 AM
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wretchedotis wretchedotis is offline
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Default Double Dip - Child Support

Hi guys!

Been awhile since I've posted. Hope every one is (if even just a little!) in a better place than before.

But I'm hoping someone can point me towards case law with respect to Child Support and double dipping.

In other words, Parent is able to collect CS from both the biological parent, and/or a 'step-parent' from a subsequent relationship after the intital divorce.

Thanks!
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Old 02-10-2015, 12:43 PM
Beachnana Beachnana is offline
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Do not know actual case law but I do know of a friend who was dinged for CS for 3 children that the bilogical fathers ( yes 3 different fathers ) were also paying. Common law relationship for 5 years. He took on the role of step dad. Putting children onto Hockey, skiing, swimming, Girl Guides, Scouts and then They split up and she went for 1/2 his summer cottage, 1/2 his business in SS and ended up with CS for all 3 children. He just finished paying CS for the youngest who of course went to University. Lucky for him he kept the cottage and the business.
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Old 02-11-2015, 11:29 AM
nfc4ever nfc4ever is offline
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This isn't case law, but check out this link on Legal Education Ontario. Paragraph 3 talks about this.

https://www.canlii.org/en/on/onsc/do...&resultIndex=9
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Old 02-11-2015, 04:17 PM
Serene Serene is offline
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Yes they can if the meet the definition of in locus parents. Its the right of the child given they enjoyed that life style before the end of the union.
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Old 02-16-2015, 03:01 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Parent is able to collect CS from both the biological parent, and/or a 'step-parent' from a subsequent relationship after the intital divorce.
A step parent's support will have no impact on the biological parent's support.
Reference: https://www.canlii.org/en/on/onsc/do...anlii2437.html

The support a step-parent pays under s.5 is impacted by support paid by the biological parent, however the amount is driven by the facts of the case. There lacks a single method of calculating a step-parent's obligation.
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Old 02-17-2015, 10:48 AM
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Thanks, Orleans -
That's exactly the one I was remembering, man I suck at getting canlii to show me what I want.

Cheers!
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Old 02-17-2015, 12:15 PM
FightingForFamily FightingForFamily is offline
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Sadly there are even cases where a step dad ends up paying support to the real dad.
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Old 02-17-2015, 01:14 PM
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Quote:
Originally Posted by FightingForFamily View Post
Sadly there are even cases where a step dad ends up paying support to the real dad.
Haha, epic... what a retarded system. The blind leading the blind
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Old 02-18-2015, 09:19 AM
FightingForFamily FightingForFamily is offline
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Yeah that case I believe was a double-divorce and all three had access to the children and... you know the whole "means and needs" argument.
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