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  • child support guidelines

    Hi does anyone know that if you are paying 2 ex spouses child support---1 spouse for 1 child and 1 spouse for 2 children if you go to the guidelines tables can you calculate for 3 children instead of for 1 child and 2 children???
    for example if lets say you make 104.000.00 in 2005 and you pay to the first spouse $801.00 and the 2nd spouse $1284.00 according to the tables and guidelines that totals $2085 per month for the 3 children, however if you pay the $1670.00 based on the total number of 3 children you have to support that would make quite a difference...$415.00 to be exact can this be done and calculate what each child should get...please advise...thanks

  • #2
    Mikesgal,

    In that situation, you treat the two families as individual familes. Always keep in mind the first family priority rule of thumb. There are plenty of case authorities on this subject

    1st family = look at table amount for 1 child

    2nd family = look at amount for 2 children

    They are both separate payments. No reduction.

    The logic behind this is why should the first family obligation have a reduced amount because an individual started a second family and now has subsequent support obligations.

    LV

    Comment


    • #3
      Hi LV, I totally agree with you on this one as far as the first family suffering because of a new family, however since I wrote this and you replied I did some searching through some papers and came up with a booklet retaining to child support..it states under "10 things you should know about the federal child support guidelinesz'..#8 under the guidelines child support amounts can be adjusted to recognize a child's special expenses or to prevent financial hardship for a parent or child in extrodinary circumstances. For example, more child support might be apropriate to cover child care costs where these costs are reasonable and necessary. Or less child support might be appropriate where the paying parent has a new family and has a lower standard of living than the parent receiving child support...Another thing I find very unfair is how they can go by the guidelines when the paying parent works alot of overtime hours just to be able to afford the payments and still be at a lower standard of living than the receiving parent..my husband HAS to work a couple days of O/T just to not be in his overdraft every month while both his ex's live in a house and we live in an apartment...anyways I guess alot of things in this world are not fair, but thanks for answering again LV....I really appreciate all your excellent advise

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      • #4
        mikesgal,

        yes you are right. The unduehardship claim can be recognized for child support purposes.

        In ontario, the unduehardship standard can be found here

        http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm
        Family Law Act

        Ontario REGULATION 391/97

        Amended to O. Reg. 102/06

        CHILD SUPPORT GUIDELINES


        see schedule II of the child support guidlines - Comparison of household standards of living test (subsection 10 (4))


        LV

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