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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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  #1  
Old 07-05-2009, 03:43 PM
enoughalready enoughalready is offline
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Lightbulb The rights of the new spouse and child

Just asking everyone how they feel about the above topic. If I divorce my new wife I am legally obligated to support her and my new child and the courts take this into account when say my previous ex wife takes me to court for Child support. Under obligation to support another child in another case. The question is why is it that if I'm happily married as I am right now they don't even consider my new spouse and child and actually say. You knew what you were getting into when you got remarried and had a child. There is no adjustment to allow for you to contribute equally to your new child.
My ex is remarried and has a new child with the new husband she cheated on me with is he not taking on the responsibility of these children. So the support recipient has 3 incomes her own that of her new husband and the support I pay her. Is that not funny to you? It seems to me unjust enrichment. She caused the divorce because she cheated and her and the new husband benefit from it. In the support payors case you have half your income because half goes to the ex wife and your new spouses income. So the payor only has 1 1/2 incomes. Seems a little lop sided. Its almost like they want you to get divorced and reward those who cheat on their spouses. They make the system so frustrating and the poor new spouse of the payor has to put up with all the headaches and constant harrassment from the ex. The new spouse of the recipient is laughing even though they assisted in causing the break up.

Has anyone heard off a current spouse taking their current husband to court for childsupport when he is paying childsupport to an ex wife? Just something on my mind.

Just a few things on my mind. Like all of you the mind never shuts off.
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Old 07-05-2009, 06:23 PM
standing on the sidelines standing on the sidelines is offline
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do not forget that she may have extra income from a new husband but you also have extra income from a new wife.

Keep in mind that she cheated on you and she may also cheat on him. I am a firm believer that if a marriage was happy, there would be no cheating. Marriages break up every day for so many different reasons. Laying blame is never a good idea because it will just eat you up inside.

If you were to divorce your current wife you would have to pay child support for the children of the first marriage and the second marriage.
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Old 07-05-2009, 10:29 PM
FreeNow FreeNow is offline
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Divorce the second wife. Pay her child support. Pay less CS to the first wife. Live common law with the 2nd ex and have more money.

FN
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Old 07-05-2009, 11:45 PM
PhoenixRising PhoenixRising is offline
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Quote:
Originally Posted by FreeNow View Post
Divorce the second wife. Pay her child support. Pay less CS to the first wife. Live common law with the 2nd ex and have more money.

FN
How is that going to work?

The CS for the 1st child did not even factor into the computation of CS for the 2nd child in my case. I actually received more than the 1st CS order because income had increased somewhat since the previous order.
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Old 07-06-2009, 12:11 AM
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Quote:
Originally Posted by PhoenixRising View Post
How is that going to work?

The CS for the 1st child did not even factor into the computation of CS for the 2nd child in my case. I actually received more than the 1st CS order because income had increased somewhat since the previous order.
And you think that is fair?
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Old 07-06-2009, 12:17 AM
PhoenixRising PhoenixRising is offline
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And you think that is fair?
I did not decide on the amount the court did. So the answer would be yes, it is fair.

Or would you rather have us combine our incomes for the last taxation year and divide by 2. He can live off of 20 grand year and so can I. I'll give him 1/2 my pay cheque and he can give me 1/2 his pay cheque. Then we can both be in the same boat. Since we did after all plan on having our child together.

How is that for fair? I do hope it suits your expectations of fair.
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Old 07-06-2009, 12:19 AM
FreeNow FreeNow is offline
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Hey, I'm just throwing out ideas here.
If a man had a 1st wife and 1 child and a 2nd wife and 1 child, Would he be paying out split support (based on his income) for 2 children, or would he be paying full support to each ex for 1 child? Tell me this would be done fairly
What happens if there are more children and spouses?

Please tell me this would be done fairly.

FN
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Old 07-06-2009, 12:23 AM
PhoenixRising PhoenixRising is offline
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I would say you would be paying each ex full support for 1 child. No matter the additional spouses or the additional children.
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Old 07-06-2009, 12:45 AM
FreeNow FreeNow is offline
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Well PR,
I hope to see more opinions on this, including a little research. By the way this has no relation to my situation.

FN
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Old 07-06-2009, 03:38 AM
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Quote:
Originally Posted by PhoenixRising View Post
I would say you would be paying each ex full support for 1 child. No matter the additional spouses or the additional children.
I don't agree and here is why:

Table amounts in Ontario for a person making $60K
1 child - $557
2 children - $902 ($451/child)
3 children - $1177 ($392/child)

Why does the amount per child go down when you have more children?
a) Ecnonomy of scale (it costs less per child the more children you have to achieve the same standard of living)
b) People provide less for each child the more children they have (there is only so much of their income they can afford to spend on their children).

Probably a combination of both a) and b) is what is reality.

So paying full table amounts (according to the number of children in a house) when there are children in another home is not fair. What is fair is a total payout somewhere between the table amount for the number of children you have up to the table amounts for each house, ignoring there are other households.

In the case of 60k income, and 2 children, each in a different home, fair would be between $451 and $557. $451 is not fair, and neither is $557 as neither number recongizes the reality of the situation - the more kids you have the less you spend on each one and also that it costs more to have the kids in separate homes.
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