obligation to common law's ex and children

[charris]

i'm living common law with my girlfriend and she is pregnant. she was previously married with two children who now live with their father in another province. as such, she works just enough to meet her monthly support obligations. right now, my girlfriend and her ex are working on a separation agreement and eventually a divorce. is he allowed to go after my income should she choose to take a maternity leave? is he allowed to go after my income at all?

 

[logicalvelocity]

charris,

welcome to the forum.

you mentioned;

right now, my girlfriend and her ex are working on a separation agreement and eventually a divorce. is he allowed to go after my income should she choose to take a maternity leave? is he allowed to go after my income at all?

First, To answer that question, first off the child support obligation is your girlfriends alone. The other party can't go after your income.

Second, There is no court order or agreement presently for the child support amount.

Third, If there was an order or agreement in force, then your GF would have to vary the order or agreement. If the parties couldn't agree on the amount, then the matter would have to be litigated. Child support is based on your GF's income alone.

If your GF is collecting maternity EI and Parental benefits, this would be considered an income for child support purposes. You gf first obligation is the support of the children of the first family.

lv