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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-24-2009, 03:22 PM
Helpj Helpj is offline
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Question 2 sets of child support payments

I have 2 children from a previous marriage that I support. My present marriage is ending, so I will be paying child support for the 2 new children from this marriage. Do I pay the amount for 2 children to each exwife, or should I be paying them 1/2 of the amount for 4 children?
I have 4 children that I have to pay for, which will be a strain on me. Should I have to pay the full amount for each pair straight of the ontario child support guildelines?
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Old 02-24-2009, 07:30 PM
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I don't have the guidelines in front of me but I presume the reason for your post is that the amount for four children is less than double the amount for two. I would think they would be treated as two separate cases, both of which you would pay the "two child rate". They are in two separate households so the fact that you have further obligations, does not justify diluting the payments.
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Old 02-25-2009, 07:49 AM
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Both cases for CS will be treated as such, two separate and independent cases, unless, you seek to have the calculations for CS to be combined as there is consideration in FL that allows the judge to take into consideration the amount of support a payer is obligated to pay to support other children. Once you have been successful it allowing the first CS order to be included when determining the CS amount for the second family, then seek to submit a motion to vary CS to the first family.

Explain that a judge has ruled to allow the inclusion of the first family for the purpose of setting CS for the second and that you would like equal treatment in the CS order for the first family so that the payments are relative equivalent. This is with the assumption that the two families have a custodial parent that works and earns relatively the same income.

If the two families have very different income levels the CS for each family may be significantly different even though it is based on your income alone. The judge needs to understand that your case is not B & W and that you need to have your support gauged so as to avoid undue hardship as a total result of support ordered. This is very real for you since if left to the courts will establish CS as if each family is the only responsibility that you have, and it will cause a financial strain. This is what you wan the courts to understand, and to factor in when setting the CS amounts for both families.
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