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  • Common law questions

    I am living here common law wih my new partner.

    I haven't settled wit my ex.

    For my 13.1

    Can she go after including my common law income in monthly expenses?
    Thanks

  • #2
    No. Your new partners income is only included if a claim is made for undue hardship.

    Comment


    • #3
      Thank you Any other thoughts on this topic?

      Comment


      • #4
        Is your ex asking to have your common law partner's income included, and if so, based on what?

        Comment


        • #5
          I am starting my 13.1

          I have to put down expenses. I am wondering if there is an issue with my ex saying my common pays half of utilities.

          Comment


          • #6
            Originally posted by yellman View Post
            I am starting my 13.1

            I have to put down expenses. I am wondering if there is an issue with my ex saying my common pays half of utilities.
            Of course there's an issue with it. You have another adult in the household contributing to and sharing in the expenses. You should be listing half the utilities and rent as your share, not the entire thing. If you list the entire amounts as your expenses, then you should also include a repayment from your common-law to you as income. Either way works. To do anything else would be asking your ex to subsidize your common-law by accepting your increased utilities as solely your responsibility.

            Whether you actually do pay all the utilities is between you and your common-law.

            Comment


            • #7
              You don't need to refer to your partner at all. You simply list the amount you actually pay. It's fairly straightforward.

              Comment


              • #8
                This income/expense stuff is all based on establishing a need for spousal support. Everybody has living expenses, but you have to express them as reasonable for your situation as a single, independent, person after the marriage breakup. Spousal support doesn't take into account that someone's expenses are increased or decreased due to the involvement of other people. Let me present two extreme examples that might illustrate the concept.

                An ex-wife moves back into her parents' home instead of into her own apartment. Her housing expenses become zero, which is unreasonable for an independent adult. No judge expects someone to have zero living expenses. In this case, the parents would be subsidizing the ex-husband. It's more accurate to say that she has a one-third share of the household expenses but that her parents provide an income to her in that same amount.

                An ex-husband moves the mistress and her four teenagers into the home after the ex-wife moves out. His housing expenses skyrocket, which is unreasonable for an independent adult. In this case, the ex-wife would be subsidizing the mistress and the four teenagers. It's more accurate to say that he has a one-sixth share of the new living expenses, and that the mistress pays the other five sixths. She may not, but that's between them.

                Do you see what I mean? For your financial statement, you put what the living expenses are for your share of your household as a single person. The same as if all the people in the household were roommates, balancing the books with eachother each month.

                Comment

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