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Child from previous marriage vs. child from actual marriage support

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  • Child from previous marriage vs. child from actual marriage support

    My husband has a child from a previous marriage and the rules about the child support he has to pay are not clearly set. He pays little under what the law requires for his child ( as his ex never agreed to claim this support legally, not because she doesn't need it but because she prefers to receive it in cash) but he always compensates much over the difference, through gifts and other payments requested by his ex, in order to be allowed to see his child.
    Now we have a child together and, in this case he has 2 children to support.
    We want to make the child support a legal fact and my question is: Does the legal amount he has to pay for 2 children (based on his gross income and province of residence in Canada) splits equally between the 2 of them? Or how is it calculated the amount he has to pay for his child from previous marriage? Thank you kindly.

  • #2
    Are the two of you still together? The net effect of him having another child has ZERO effect on the amount of support he pays for the first one.

    Also:

    she prefers to receive it in cash)
    That is the stupidest, most dangerous thing I've ever read. DO NOT PAY IN NON TRACKABLE METHODS. EVER. PERIOD.

    but he always compensates much over the difference, through gifts and other payments requested by his ex, in order to be allowed to see his child.
    If the ex attempts to withhold access over money, she'll get beaten down by the courts pretty hardcore if he pushes it hard enough.

    Pay table amounts, starting NOW via trackable method. Email money transfers work great. Make ample use of the memo fields. (FOR CHILD SUPPORT MM/YYYY).

    Hope to hell he can prove that the money has actually changed hands and that it was for child support and not a "gift".

    Get a lawyer, get the access/custody schedule made legal.

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    • #3
      Originally posted by Bleep2 View Post
      Does the legal amount he has to pay for 2 children (based on his gross income and province of residence in Canada) splits equally between the 2 of them? Or how is it calculated the amount he has to pay for his child from previous marriage? Thank you kindly.
      There are diminishing returns with each succesive child born when it comes to Child Support. The first chld is more expensive according to tables, and the amount of support reduces for the second, then third, etc, child.

      Of course this is concerning children from the same realtionship. For each different relationship that resulted in children, you start at the beginning amount again with the first child.

      I don't think its possible to split in the way you seem to be asking about.

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      • #4
        Yes, we are still together. That means, no matter how many kids he will have after, he will pay the same amount child support for the one he has from the previous marriage?

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        • #5
          His CS obligations for the first child are based on the guideline amounts for his income. If you and he seperated, he would pay the guideline amounts for his income to both the first child AND the second, NOT the guideline amounts for two children divided between the two.

          The only way the amounts to the first child will change is if his income goes up or down or custody arrangements change, even if he went on to have 63 children with other women - it does not affect the amount he would pay to the first child.

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