common law break up with kids of previous marriage

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lookingforadvise

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Looking for some help. I've been in a common law relationship with a woman for 5 yrs. She has 2 kids from a previous marriage. Trying to figure out if I should be/will be forced to pay child support. Altough we have all been living in my house as a family there are some things about the support issues I'm not sure of. Her daughter has never really accepted me and I don't think that anyone would ever say that we had a father/daughter relationship. her son and I were closer but he has always called me by my first name and will talk to me about his "dad" who is still active in their life when possible. I see our relationship as more uncle/nephew or big brother like, but I'm not sure how the courts view it? My ex currently receives $600.00 a month for child support - apparently she settled for less than was to be awarded in their divorce
 
Someone correct me if I'm wrong but I believe that if she is receiving support from the father of the children then she cannot also collect support from you.
 
Loco Parentis

Loco Parentis

Yes, lookingforadvise, you may find yourself paying child support regardless of the bio father paying support. In legal terms it is called Loco Parentis. I believe the courts look at it from the view that if the children have benefited financially from your income i.e. food, shelter, clothing etc. you will be obligated to continue to support them.

I found this article for you:

http://www.edmontonsun.com/News/Columnists/Jacobs_Mindelle/2005/12/10/1347511.html
 
Loco Parentis

Loco Parentis

If you acted in the place of a parent, then get used to the idea of paying child support for a child who is not biologically yours. Of course, you do have the right to obtain regular access to the child/children...
 
double dipping

double dipping

Yep, in my view it certainly is double dipping. But if a former commonlaw spouse can prove you acted in the place of a parent, you can be required to pay child support for a child who is biologically not yours.
 
Double Dipping

Double Dipping

Whether you agree or disagree with this, I believe the reason behind it, in the courts eyes, is that the children enjoyed a higher lifestyle with two Dads (or reversed 2 Mom's) contributing, so when the parents separate the children can still enjoy a somewhat similar lifestyle.

To quote from Decent Dad, Mom gets remarried, kids get an in ground pool :cool:
 
lookingforadvise,

If you get served for a claim of child support, be sure to name the other father as a co-respondent to the claim especially if your ex settled for a lower amount other than tabled guideline. Everyone's income changes overtime and it could very well be this individual's income has increased substantially.

Additionally as a subsequent issue, contact is a child's right, and if you desire to maintain a relationship to these children, you could request access in a cross claim. The court's will most likely grant it also.

LV
 
common law question

common law question

Hi everyone,

I am new at this forum. I have lived common law less than 3 yrs..would have been 3 yrs in Aug 06. I put down $70,000 on a house and he put down $5000. The understanding was that he would give me back the 70,000 if we ever split. Both names are on the house. I then paid 20,000$ to pay down his line of credit(was only in his name/had nothing to do with me) I guess I am giving in nature and naive. NO longer naive. I have been paying the mortgage by myself(coming out of my own account/not joint) plus paying the bills which is also coming out of my account. He now wants half the profit from the house. It is going to court as he refused my 20,000 payout to him. Is this what you would call unjust enrichment? He also signed a piece of paper saying that after the sale of the house, he would give me back the 70,000. Unfortunately, only his and my signature is on the paper. How do you think a mediator would look at this one. He also cleaned out the garage with items he purchased while we were living together. Sabottaged my boat..took batterie/motor out. What a mess. I would recommend to have prenuptial agreement NO MATTER HOW TRUSTING ONE SEEMS.

need advice

thanks
Linda
 
Need some advice

Need some advice

I was in a common law reltaionsip for 13 years. She had 2 kids coming into the relationshsip. I had the house in my name only. I owned same for 13 years prior to her moving in. What are my obligations to her in this matter? Do I have to give half of everything I own from the time of my buying the house and all the things that were in the house and what I had prior to relationship ie: RRSP, stock holdings and other investments. I am at a loss for this.
 
Hi silverbed79,

Your spouse has no automatic interest in your home. The only assets and debts that must be automatically divided or shared are those that are owned or held jointly. Your spouse must prove that you were unjustly enriched by her in order to obtain an interest in any property owned by you, including RRSPs, other investments and your home.

Please see this link regarding property division in common law separations. Please also take a look at this link regarding division of the matrimonial home in common law relationships.

If you haven't already looked through this thread, please do so. Since you were together for 13 years, depending on the age of the children, you may also be looking at a child support obligation.

Lindsay
 
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