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  • Other than Undue Hardship ...

    Other then a claim for undue hardship, when would a new Spouse's income come into play?

    Ex & I have "joint" custody but I have primary residence & ex see's boys approx. EOW. I am remarried & ex is in a long-term common law relationship.

    We are in the middle of a court case that I initiated to deal with CS based on ex's income and proportinate split ( & clarification) of Section 7 expenses.

    Ex emailed me yesterday saying "in doing my research, you need to provide (my husbands) income".

    As far as I can tell and in all my research, my spouse's income does not have to be disclosed unless either myself or ex is claiming undue hardship and then a "household" comparison will be done.

    Is this correct? Are there other times that a new spouse (or common-law partners) income must be disclosed?

    I know where ex is going with this. He "assumes" my DH makes a lot of money but when in reality I "know" that our household incomes are pretty much equal (but there are only 2 people living at ex's and 5 of us at my house)

    TIA

  • #2
    AFAIK disclosure should be complete or it's not disclosure. You should state your household income, you have to fill out the lines in your monthly budget to show what you spend and you have to show where the money comes from. The judge has to see this. That doesn't mean that your spouse's income comes into play, but it still has to be shown.

    The judge's interest is in the children. The judge doesn't automatically trust your judgement any more than your ex's. The judge wants to see that the children are properly supported. This is my understanding.

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    • #3
      My ex's spouses income was not included in financial statements even though they owned a home together and both contributed to the household. He stated his income and his share of the household expenses only. There was no claim for undue hardship.

      In your case of majority physical custody, only your income and your ex's income come into play for CS and Sec 7 costs. UNLESS there is a claim for undue hardship from either party then its a whole other can of worms.

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      • #4
        When my ex claimed undue hardship all he listed for his spouse was her hourly wage & that she contributed 100% of it to the household - but in the breakdown her income was not listed anywhere at all.

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