Looking for direction regarding child support requirements for step-parents.
A court must determine if a second marriage husband and wife are to pay step-parent child for her two daughters and his one son from their first marriages. They have a marriage contract stating they acknowledge and agree they will never stand in the place of a parent to the children for CS purposes while sharing their income and expenses while cohabitating in marriage. Her first marriage separation agreement states that the girls should never call the new parent dad.
The contract also defines both being solely responsible for the support of their own children as per the family law act. Their interactions and financial contributions are not to be construed to be in place of a parent or be a dependent to be liable for CS. The contracts expects the court to fully enforce this release no matter what agreeing to with full indemnify.
They cohabitated for 8 years, using joint bank accounts sharing family expenses. The kids called them mom/dad and are now teens. Kids have a 50/50 schedule with their other parents. He pays $700/month CS to mom, she receives $2,000/month CS from their father. They all live within 1 km of each other. Now separated, they have zero contact with their step kids for the past 9 months.
She resides at her house now (was a rental while living together) and he reside at his house. Both are mortgage free in separate titles. They both have about $500,000 each in retirement savings. They both have no debt. His employment income is $124k. She is a self employed healthcare practitioner, works 25 hours a week but only gets paid by contract when she sees clients. She earns $140 per hour and sees about 10 hours a week of clients ($136.50 x 10/hrs x 48/wks = $67k). Her business write-offs are $10k. Working 20 hours a week, her earnings would be $134k.
Do the children have the right to receive CS and what that amount would be? What magic crystal ball outcome would the court determine? Would a judge look at the receipt from dad of $2000/m be exceeding the need for step dads' $1000/m requirement? Would the court see dad paying $700 short $300 requiring step-mom to pay $300? Would the court view them as parents after separating requiring CS? Would the court take the children’s present wants/desires that they don’t view them as mom/dad and don’t want anything to do with them anymore?
A court must determine if a second marriage husband and wife are to pay step-parent child for her two daughters and his one son from their first marriages. They have a marriage contract stating they acknowledge and agree they will never stand in the place of a parent to the children for CS purposes while sharing their income and expenses while cohabitating in marriage. Her first marriage separation agreement states that the girls should never call the new parent dad.
The contract also defines both being solely responsible for the support of their own children as per the family law act. Their interactions and financial contributions are not to be construed to be in place of a parent or be a dependent to be liable for CS. The contracts expects the court to fully enforce this release no matter what agreeing to with full indemnify.
They cohabitated for 8 years, using joint bank accounts sharing family expenses. The kids called them mom/dad and are now teens. Kids have a 50/50 schedule with their other parents. He pays $700/month CS to mom, she receives $2,000/month CS from their father. They all live within 1 km of each other. Now separated, they have zero contact with their step kids for the past 9 months.
She resides at her house now (was a rental while living together) and he reside at his house. Both are mortgage free in separate titles. They both have about $500,000 each in retirement savings. They both have no debt. His employment income is $124k. She is a self employed healthcare practitioner, works 25 hours a week but only gets paid by contract when she sees clients. She earns $140 per hour and sees about 10 hours a week of clients ($136.50 x 10/hrs x 48/wks = $67k). Her business write-offs are $10k. Working 20 hours a week, her earnings would be $134k.
Do the children have the right to receive CS and what that amount would be? What magic crystal ball outcome would the court determine? Would a judge look at the receipt from dad of $2000/m be exceeding the need for step dads' $1000/m requirement? Would the court see dad paying $700 short $300 requiring step-mom to pay $300? Would the court view them as parents after separating requiring CS? Would the court take the children’s present wants/desires that they don’t view them as mom/dad and don’t want anything to do with them anymore?