Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 05-16-2010, 06:17 PM
ConfusedFriend ConfusedFriend is offline
Junior Member
 
Join Date: May 2010
Posts: 6
ConfusedFriend is on a distinguished road
Default Child Support Advice

I am looking for some advice / information.... i am going through a separation - divorce. My ex-wife was married prior to me and has a child with her first husband, he is paying support, will i have to also pay support?? is it a pro-rated amount?? i don't have an issue paying some support, i just dont dont want to be raked over the coals...... also this child is 16 and talking about wanting to move in with his bio-logical father, if this happens would i still be responsible for support??
  #2  
Old 05-16-2010, 10:28 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

You aren't automatically responsible for support. Your ex would have to show that you were acting as a parent, and would have to show things like you being involved in schooling, medical decisions, taking care of the child when sick, taking days off work to care for the child, paying directly for the child's expenses like after school activities or sports. You get the picture.

The the mom was handling all of this then then it is LESS likely you would be held responsible for child support. Also look at how the child saw you, did the child call you dad? Did you refer to yourself in the community as a parent or step-parent to the child? Did you ever sign permission forms, etc?

It's not one thing, it's how many little things.

If it is shown that there are sufficient reasons to consider you the child's step-parent, then you can be found responsible for paying support. No, it is not pro-rated, you pay the table amount according to your income. If you have good reason to not pay support, or so much support, such as heavy debt or you're responsible for another child, then you have a better chance of a reduction than if you were bio-parent. This whole thing is grey, it is based on a dozen small arguments it is not black and white.

If the child moves in with bio-father, this in theory shouldn't affect your support payments, the support would be for the child. But if the child decides to cut off contact with you completely, and doesn't recognize you as a parent or authority anymore, then this also is an argument for not being responsible for support.

If I were you I would wait to see if the mother wants to persue you for support, and in fact if the child moves in with the bio-dad then why would she? If there is a claim, then see a good divorce lawyer who has handled this kind of thing before.

If you want to read about this, look up "in loco parentis". It is not automatic, it has to be shown, so don't get too nervous until you find out the ex's intentions.
  #3  
Old 05-17-2010, 03:12 PM
ConfusedFriend ConfusedFriend is offline
Junior Member
 
Join Date: May 2010
Posts: 6
ConfusedFriend is on a distinguished road
Default

thanks for the advice
  #4  
Old 05-17-2010, 03:51 PM
billiechic billiechic is offline
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,373
billiechic is on a distinguished road
Default

If you were close with the child then maybe putting away some money for his post-secondary schooling would be enough to satisfy her.

Like Mess said, it isn't automatic, but thinking about your options now is a good start. Just don't hand anything over unless she gets serious about it (or unless you want to)
  #5  
Old 05-17-2010, 03:56 PM
ConfusedFriend ConfusedFriend is offline
Junior Member
 
Join Date: May 2010
Posts: 6
ConfusedFriend is on a distinguished road
Default

thanks guys for this advice, i am very close with my step-son and i do want to help, i feel it is the right thing to do morally. I just don't want to pay through the nose if i dont have to.... I am hopeing that she feels the same way...
Closed Thread

Tags
child support questions


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Children's bennefits Wiser2008 Financial Issues 21 05-03-2019 06:21 AM
No "accountability" on child support - thoughts ? shellshocked22 Financial Issues 51 12-16-2013 11:55 AM
Child Support and Spousal Support BobbyShaftoe Introductions 14 04-26-2012 01:52 AM
Advice on Child support LostKingdom Divorce & Family Law 2 09-18-2011 10:18 PM
new here & need advice Please??? momofnl Divorce & Family Law 4 03-25-2007 02:36 PM


All times are GMT -4. The time now is 09:13 PM.