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Dissenting Judge view on household expenditures with new spouse

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  • Dissenting Judge view on household expenditures with new spouse

    Any comments on this particular passage from:

    Contion v. Leonelli-Contino S.C.R. (2005)

    Justice Fish J. says regarding household expenditures with newly married spouse:


    135

    An additional difficulty arises where the household
    is not limited to the parent and child alone. In
    this case, for example, the Court of Appeal noted
    that the father has remarried (para. 11). It is therefore
    unclear why 50 percent of any — let alone
    all — household expenditures should be attributed
    to Christopher.



    136

    However illogical, this 50 percent apportionment
    was accepted by the parties and relied on by
    the courts throughout. At this stage, I therefore feel
    bound to do likewise, albeit reluctantly.


    Yet the Federal Child Support Guidelines state:

    If you remarry, does the income of your new spouse affect child support amounts?

    The only time a new spouse's income is considered is when either parent pleads undue hardship. In deciding undue hardship, you and the other parent must compare the standards of living of your two households. To do this, you must take into account the income of every member of each household.
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