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fatherles · #1 06-27-2012, 09:19 PM

when do you have to show income of new partner I thought you only have to showw it when one party claim hardship can any one confirm this

blinkandimgone · #2 06-27-2012, 09:47 PM

I believe it is when the payor is claiming undue hardship or claiming no income and being supported by the new partner. I could be wrong though.

fatherles · #3 06-27-2012, 09:54 PM

Ibelieve that is right but when you a commonlaw in the same house I wonder how that would be considered

blinkandimgone · #4 06-27-2012, 09:59 PM

http://www.ottawadivorce.com/forum/f...778/#post91163

Quote:

Your GF's income is not a consideration before the court. Who you live with, choose to have in your life and how much they make is of no value or business to the other party.

They just do this to try and make things worse. Unless you are claiming 0$ income and the GF is supporting you they have no right to make the request and nor would a court order it.

So, if your GF makes $5 or $5,000,000 it doesn't matter nor will a court care.

Good Luck!
Tayken

Tayken · #5 06-28-2012, 07:21 AM

Quote:

Originally Posted by blinkandimgone

I believe it is when the payor is claiming undue hardship or claiming no income and being supported by the new partner. I could be wrong though.

That is about the only time it is considered.

beenthere · #6 06-28-2012, 09:05 AM

A quick question on this topic: Ex is currently unemployed, her spouse makes over 200-250k (insurance/investment business- self employed)- we are in the process of sorting out post secondary for D, ex has of course put her in the most expensive type of residence etc. told me I'm to pay half, ex pays half, kid nothing... I'm going with a third each. So if this goes to court will they take ex's new spouse income into consideration? Thanks for any help!

Tayken · #7 06-28-2012, 09:29 AM

Quote:

Originally Posted by beenthere

A quick question on this topic: Ex is currently unemployed, her spouse makes over 200-250k (insurance/investment business- self employed)- we are in the process of sorting out post secondary for D, ex has of course put her in the most expensive type of residence etc. told me I'm to pay half, ex pays half, kid nothing... I'm going with a third each. So if this goes to court will they take ex's new spouse income into consideration? Thanks for any help!

1. The child in question is responsible for 1/3 the costs of their education right off the top. That is the general position in case law regarding post secondary education.

2. The other parent's income if ($0) should be balanced off the spouse's income and a court will do that. The court may not look at his income because they are going to pay half.

It is a hard argument to make in your case because they are offering to pay half.

Good Luck!
Tayken

beenthere · #8 06-28-2012, 10:03 AM

Thanks Tayken. Will they also consider the fact that child was left large trust by grandfather that ex said "wasn't to be used for education" but I got a copy of the will which clearly states education as one of the things it was to be used for although the amount is not stated just that it was funded from his insurance policies to be shared equally between 3 grandkids.( he had told me it would be around 30k each, ex said she got $2000) Ex is HCP, refuses to disclose anything RESP's, trust etc. D is now carbon copy of ex, she told me if I want her to get grants etc. I can look it up & send it to her, she's not working just riding her 2 horses & swimming in their pool... what the hell can you do with this? I keep asking for info but for the most part get smart ass remarks & insults back. So f***ing frustrating!

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