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

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  #11  
Old 05-15-2019, 03:05 PM
Lolita123 Lolita123 is offline
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Quote:
Originally Posted by Berner_Faith View Post
Do you have cable/satellite? Internet? Cell phones? Hobbies? Basically if you have money to spend on things that are not necessities your claim will most likely be denied. His children deserve to be supported equally and this will be a very hard case to win unfortunately


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He pays nothing for my children.. and I can tell you that I spend nothing close to $1350 a month for them considering EVERYTHING from food to housing etc... and my kids are in sports and not his because she says that she cannot afford it and I am not the one making the claim.. he is and yes I DO have cable and Internet that I PAY for.. he pays half of the mortgage, utilities, his truck, insurance etc.. he has a cell phone provided by his work since he's on call frequently and hobbies no he does not.. he is left with $350 every to weeks to pay for groceries, gaz and everything else that is not a fix expense


and if the case is that : His children deserve to be supported equally well that is not the case


I think that $1000 a month is more than reasonnable while he still pays for his other daughter who only get $375 a month back when they were together his ex was outraged at having to pay $375 for his first daughter now that it's her turn $500 per kids is not enough strange
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  #12  
Old 05-15-2019, 03:18 PM
Lolita123 Lolita123 is offline
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Originally Posted by Selfrepmom View Post
Exactly.

Show me the household budget of someone whose income dictates that their BASE CS payments for 2 kids is $1350 and I will 10000% be able to show you where you can make some cut backs on lifestyle so that said person is able to maintain this obligation.

Judge will throw this out laughing- and will order costs to mom.




first of all this is happening in Québec so cost are not awarded… second I can tell you that in no way we live a luxurious life.. we have a mortgage of $1600 including property taxes.. she on the other end rents a $2000 a month home… he has been carrying the LOC that they acquired during marriage since she refused to take on her share… he was left with the truck and left her the car that was paid off to reduce her payments ratio.. she got the profit of the sale of the house… she got everything in the house except 2 couches and a TV… and I agree based on his income sure.. he could pay that amount and will once he is done with his first obligation that was existing when they were together… that CS that he pays for his first daughter was never part of the family income since day one since he was paying it even when they were married…


I also know that her and her new spouse have a higher standard of living than us so that is also something the judge will take into consideration…


But.. really… my question was has anybody seen any court cases which a decision was made on scenarios where someone has a previous obligation… whether it was an award on no… not because of a second family etc... I wanted to read on the rationale behind the decisions
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  #13  
Old 05-15-2019, 03:20 PM
Lolita123 Lolita123 is offline
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Originally Posted by StillPaying View Post
I don't have case law, but it sounds like you're doing the right thing. Compare both homes' standard of living and if you're lower, cs may be lowered as well. It's similar with stepkids getting lower than table amounts. Just be prepared for the boyfriend to move out and claim he doesn't live there.


Thank you for confirming my understanding of how it works
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  #14  
Old 05-15-2019, 03:31 PM
Lolita123 Lolita123 is offline
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Originally Posted by Selfrepmom View Post
I dont know..... I think you are on a slippery slope here.

My situation is somewhat similar to yours- My current partner (together 4 years) has two children from two previous relationships and I have one from my previous relationship. No kids together, we are done lol. SAME HERE

I wasnt receiving CS for two years and am currently fighting for proper CS from ex.
Current partner is paying full table for both of his kids.

My big thing that I made clear to him when we first got together is that our kids are all treated equally and are all given the same opportunities, to the best of our abilities. Well that is not the case for us I mean I pay for my children but I can tell you that I don't spend that much on my kids and my kids are even in sports and his ex refuses to put them in any sports


I couldnt imagine in my wildest dreams going to the mother of his youngest daughter and telling her that she is going to get less money than his other kid. In this case she is getting $125 MORE per kids than his oldest one.. and back when they were together she would complain on how she felt paying CS in that amount was stupid tables have turned now To give her full table.. she would get $300 MORE PER KID than his oldest

Is it hard paying out that much money every month? Yup
Do we have to make sacrifices? Oh hell yup- we rent a small house, drive one vehicle, buy second hand clothes for ourselves, and have never been on vacation in our 4 years together. (I work as a travel agent on top of my regular day job to afford vacations and I pay for him since he could not afford it.. I own my house which is less than what she is paying to rent her house in no way do we have a lavish lifestyle )



Do I sometimes wish we had that extra money to build a better life together? Sure. But I knew what I was getting into when I got with him. I knew there would be sacrifice- and not just the financial kind. (they had an agreement about CS and everything about their seperation that was signed.. she just decided to change everything when he told her he would officially filed for divorce using the agreement.. she told him ok but then contested and changed everything so yes we were making things work based on the support that was agreed upon due to many other concessions he made upon separation)

My advice? Drop it. Getting caught up in how much money your partner has to pay his ex(es) is a quick way to run your relationship off the tracks.
(that does not affect me since we have separate bank account )


Unless you guys are loosing your home over this, then it might be worth pursuing. But it sounds like you are $350 a month apart between your offer and full table. (he offered her $1,100 and then full once he's done with his oldest which should be give or take 2 years..)


Save on the lawyer fees, make a few sacrifices, and revel in the fact that your partners ex will never be able to tell his kid that he financially favoured their sibling over them (cannot be claimed since I pay for MY Children and the only thing we share are living expenses) his kids his responsability.. my kids my responsability.


thank you for your input
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  #15  
Old 05-15-2019, 03:43 PM
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government jobs... vacations... own homes... sports for kids.... (probably lines of credits and/or credit cards)

Undue hardship? Unless you're scraping along on government or charitable hand-outs for your food/rent I'd forget any sort of undue hardship claim.

A person can obtain credit/financial management advice for free.
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  #16  
Old 05-15-2019, 03:43 PM
Lolita123 Lolita123 is offline
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Anyone interested? Found a case where undue hardship based on a previous child support order is in place was successful and the father in this case was awarded to pay less than the CS table


https://www.canlii.org/en/on/onsc/do...&resultIndex=7
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  #17  
Old 05-15-2019, 03:51 PM
Lolita123 Lolita123 is offline
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Quote:
Originally Posted by arabian View Post
government jobs... vacations... own homes... sports for kids.... (probably lines of credits and/or credit cards)

Undue hardship? Unless you're scraping along on government or charitable hand-outs for your food/rent I'd forget any sort of undue hardship claim.

A person can obtain credit/financial management advice for free.


I have a government job.. my spouse does not… I pay for vacations with a second job... my spouse does not.. It was my home before I met him and it's less per month than her rent… sports for kids.. yes I put them first and cut back on me… line of credit.. no I don't have one.. he does but it's form the separation… credit card.. I have one that has a limit of $2000 and nothing on it.. he has one that has $3000 that she owes him…


This undue hardship is for him… not me… he is the one who pays not me… yes they will consider me to compare household .. but they will also consider her BF who also has a gov job…


All that to say that his children are not going without… Who were can claim to have a net income of $4,800 PER MONTH in their bank account? I sure don't myself even with my gov job… well that is what SHE has to spend every month… with $1000 in CS per month.. so I am pretty sure that her kids would not go without if she was not spending like she is.. She would be the one needing financial consultation because I can tell you that the money does not go on these kids…
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  #18  
Old 05-15-2019, 03:53 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by Lolita123 View Post
I think that $1000 a month is more than reasonnable while he still pays for his other daughter who only get $375 a month back when they were together his ex was outraged at having to pay $375 for his first daughter now that it's her turn $500 per kids is not enough strange
Wait..... somethings not adding up here. Why is he only paying $375/month for child #1 when guideline for #2 & #3 is $1350? Has he never updated his support payments for child #1? Watch out for that one....

Try to not get so caught up in your partners exes lives (how much they spend,what they do, how much they wronged your husband). That shit literally will eat you alive and cause resentment in your relationship (speaking from experience)

To answer your original question, I have never came across a case like you are looking for. When my partner was originally going through court with ex #2, his lawyer never once suggested varying CS for child #2 based on obligation to child #1. Pretty sure he would have been murdered in his sleep by ex #2 if he so much as suggested it lol.

If he is truly strapped for cash it might be worth looking into. But the fact alone that he is paying a lawyer to give him this advice discredits his position in the eyes of a judge I would think
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  #19  
Old 05-15-2019, 03:59 PM
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Quote:
Originally Posted by Lolita123 View Post
we have a mortgage of $1600 including property taxes..
You own a house.

I can tell you right now that your hardship claim is not very likely to succeed. You are arguing standard of living, but that only comes into play after you have hardship.

You don't have hardship, you just have a lower standard of living than the ex. Perhaps it should matter, but it does not.
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  #20  
Old 05-15-2019, 04:09 PM
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Quote:
Originally Posted by Lolita123 View Post
Anyone interested? Found a case where undue hardship based on a previous child support order is in place was successful and the father in this case was awarded to pay less than the CS table


https://www.canlii.org/en/on/onsc/do...&resultIndex=7
This case is also based on the fact that the husband was unemployed for a year, was already thousands of dollars in arrears AND had an imputed income of less than $30,000

Something tells me your husband makes more than $30k, and is not thousands in arrears. Well, unless mom #1 starts going after him for an update in support + past due updates. Then he might be lol.
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