for 2 years now....I am receiving a ridiculously low amount in child support for 5 boys(304.33 to be exact) based on his income from 2003....He is living with this woman for two years who works and HE now has a good-paying part-time job.....My question is: Could her income eligible for increasing the child support payments?......I work hard cleaning houses to help support myself and I just can't keep going this way....He doesn't pay for extra's at all....I pay for everything from school fees to sports activities,swimming lessons,you name it!!.....Just to add that I live in B.C. and do not know of any websites such as this one that could help me with these questions....Any ifo would be appreciated....Thanks in advance!
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It sounds like you have a clear case for increase in support payments. Can you find out if you qualify for legal aid?
1) The amount he is paying now corresponds to a gross income of $15k. If he now makes $20k, it should increase to about $525. Or to $720 for $25k.
2) if you claim 'undue hardship', his partner's income *might* also be considered when calculating his CS payment
3) some of your expenses might be considered 'extraordinary expenses', to which you are BOTH supposed to contribute proportionally according to your incomes.
Also, any expenses you incur in order to obtain your fair share of support payment is tax-deductible.
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I would caution you that if you push too hard, he might decide to work less, not pay more. Is it really fair to expect the woman he lives with to subsidize his past life and children created with you? Since they are not legally married, it would be doubtful that her income would be considered. Is there any way you can discover if he is actually working more than he says he is - why only part time?
A strongly worded letter from a lawyer reminding him of his duties sounds in order but remember lawyers cost big money too sometimes with very little outcome.
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Originally posted by lulu46 View PostNot ture! It can come into play if her income allows him the financial freedom to work less they may and can look at the whole situation...it has happened!
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when you were married you used your 2 incomes to make it through life why now do you think that you are entitled to his common law partners income? Did she have your kids or something? she is not in anyway responsible for your children because she is with your spouse that is craziness that I am sure the court being so messed up might go along with but its morally disgusting.
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Boyz5...
IF you claim undue hardship, her income WILL BE included in determining if there is a great discrepancy between the standard of living in the households.
He cannot hide behind his new spouse's income, in order to avoid his child support obligations. Doing so is morally repugnant!
If you pass the undue hardship test, then you will receive a higher child support payment.
Then your ex's new spouse will probably tell him to get off his butt and get to work, so that he can pay his bill!!
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Originally posted by Ihave2kidsIcannotsee View Postwhen you were married you used your 2 incomes to make it through life why now do you think that you are entitled to his common law partners income? Did she have your kids or something? she is not in anyway responsible for your children because she is with your spouse that is craziness that I am sure the court being so messed up might go along with but its morally disgusting.
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Originally posted by Ihave2kidsIcannotsee View Postwhen you were married you used your 2 incomes to make it through life why now do you think that you are entitled to his common law partners income? Did she have your kids or something? she is not in anyway responsible for your children because she is with your spouse that is craziness that I am sure the court being so messed up might go along with but its morally disgusting.
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Originally posted by representingself View PostBoyz5...
IF you claim undue hardship, her income WILL BE included in determining if there is a great discrepancy between the standard of living in the households.
He cannot hide behind his new spouse's income, in order to avoid his child support obligations. Doing so is morally repugnant!
If you pass the undue hardship test, then you will receive a higher child support payment.
Then your ex's new spouse will probably tell him to get off his butt and get to work, so that he can pay his bill!!
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This is RICH!! You expect this woman to fork over for YOUR children? OMG. What IS this world coming to? I'd be careful if I were you, if she's got kids of her own, your "undue hardship" may come back to slap you in the face. It may turn out their household income is LESS than yours. But, if your ex is a womanizing jackass, maybe she'll put him out and you're right back at square one. Good luck, but with our screwed up CS system, you'll likely get it. Let's hope the girlfriend is smart and dumps his sorry a$$.
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