The rights of the new spouse and child

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enoughalready

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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.
 
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.
 
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
 
FreeNow said:
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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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.
 
PhoenixRising said:
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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And you think that is fair?
 
billm said:
And you think that is fair?
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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.
 
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
 
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
 
PhoenixRising said:
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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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.
 
PhoenixRising said:
I did not decide on the amount the court did. So the answer would be yes, it is fair.
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Something is not fair simply because a court, or any entity declared it to be. Something is fair if it fair on its own merits.

PhoenixRising said:
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.
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That would be marriage, not child rearing, and you are no longer married.

PhoenixRising said:
How is that for fair? I do hope it suits your expectations of fair.
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Nope
 
Just to point out I am in no way bitter about the situation and am actually relieved we are no longer married. The statement you said in regards to if the marriage was happy there wouldn't be cheating. I just think those who cheat use this as an excuse I wasnt' happy so I cheated come on. I wasn't happy and I didn't cheat. This woman cheated on me a few times so are you saying its my fault. I totally disagree with your comment and it comes down to a lack of morals on her part. I'm just stupid for not leaving sooner and taking the boys with me. Did you read my comments about the different incomes does the differences not seem odd to you. I'm also not laying blame I was just commenting on my specifics so all can understand my situation. We need a system like the Americans how those who cheat are treated worse by the courts. In Canada you can cheat all you want and the courts don't care. I wonder why the Divorce rate is so high when people can cheat and then get a paycheck for it.
 
standing on the sidelines said:
If he did this and it was found out would it not be considered fraud?
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No,
It would not be fraud. It would be above board. It would however, take advantage of the laws that are slanted.

FN

Sorry enoughalready, your post has nothing to do with this thread. If I read your post correctly, I am in agreement with you. Infidelity is horror. Those who commit it should not be rewarded
 
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I still say full CS for both children to both EX's based on the table. I tried telling my attorney that he paid support for another child and he said it didn't matter. And based upon some of the other responses I read in regards to CS. One person in this forum posted that the judge told them they knew what they were getting into when they married someone with children. So additional spouses and children did not factor into the calculation of CS in the case.
 
Phonenix

I think you miss read my comment as per your statement "One person in this forum posted that the judge told them they knew what they were getting into when they married someone with children". I wasn't talking about marrying someone with children just getting married and having children.

If you get divorced and then get remarried and are happy and decide to have a kid the courts say thats your problem when the ex takes you to court. The support recipient can have an new child with someone else and isn't discriminated against and not told thats your problem when she asks for more money.

If you get divorced from the second marriage and have to pay support for the child of the second marrige then they take this into account when they are making the calculations.

Why is there such a difference when you are remarried. Do you not have to support the child living with you. Once again another case how they want you to get divorce again. I can start a whole new forum on how the system causes the divorce rate in this country.
 
I am just telling you that as of last month the fact was that no other CS payments for any other CS recipient was a factor in determining the table CS is my case. The T4 was presented, the table was looked at and the CS was set. Period! In fact I believe that the first CS recipient now has a case for having their own CS adjusted as it is a material change.

And to clarify the issue in regards to the other forum post I read. The person that posted was trying to have CS reduced based on the fact that they were now supporting additional children and a new spouse.
 
No set rules

No set rules

The problem here is there are no set rules in the court system in this country. It is just rolling the dice to see what you can get. I have a real problem with that. If we continue to allow the support recipients just to throw out whatever they think they can get there hands on year after year then we are just going to have a bunch of screwed up kids and parents. Some Judges allow it and some don't how can there ever be any fair judgements. Case by case shouldn't be allowed. Set the rules and stick by them. You make this much $ you are entitled to this much for x amount of kids. This extra ordinary and whatever they want to call it needs to stop. It does nothing but cause headaches and ruins lives. The children suffer more from the fighting back and forth then the support recipient getting a few extra dollars. If the system was fair then there wouldn't be so many deadbeats out there. They would pay as per the tables and that would be the end of it. Being taken back to court every couple of years for this and that you get tired of it. Many just walk away and hide due to this unjust system. You can never please or satisy a support recipient they just keep coming and coming just like the energizer bunny. Where do they get their sense of entitlement?
 
enoughalready said:
Just to point out I am in no way bitter about the situation and am actually relieved we are no longer married. The statement you said in regards to if the marriage was happy there wouldn't be cheating. I just think those who cheat use this as an excuse I wasnt' happy so I cheated come on. I wasn't happy and I didn't cheat. This woman cheated on me a few times so are you saying its my fault. I totally disagree with your comment and it comes down to a lack of morals on her part. I'm just stupid for not leaving sooner and taking the boys with me. Did you read my comments about the different incomes does the differences not seem odd to you. I'm also not laying blame I was just commenting on my specifics so all can understand my situation. We need a system like the Americans how those who cheat are treated worse by the courts. In Canada you can cheat all you want and the courts don't care. I wonder why the Divorce rate is so high when people can cheat and then get a paycheck for it.
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I never said it was your fault. All I said that in happy marriages there is no cheating.
 
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