You are here

In Ontario, Canada does anyone know ?

Shar's picture

When a husband and wife divorce and husband moves on and moves into new relationship whether just common-law or marriage, does his child support and spousal support change to go on the new amount of husband and new relationship partner. I am hesitant to move to the next step of common-law with my boyfriend, because his exwife is a tyrant...my boyfriend was ordered to pay $4200 a month to her for spousal and child support last year, he is not paying that full amount unfortunately he goes into arrears every month, I think they are garnishing $1800 bi weekly because he doesnt make enough to survive if he paid her the full amount... but now she is alooting to the fact that if he ever moves in with me, she can add both of our wages together and get more support. She has tried in court to prove that he is living at my house, owns half of everything..., as well as redirected his mail from government, school, lawyers, doctors, etc to my address. He mainly lives at his parents, but does stay at my house a few times a week. Are boyfriends not allowed to do that? I really dont think that is possible for her scenario...but we did check the court records and in one town up north, the judge awarded ex wife an increased amount of child support because the husband was benefiting from new spouse's income, and that was money the ex wife and kids should be entitled to...sounds too wierd. I really do love my boyfriend, but not enough to help support his Physco Ex Wife.
Any comments?

Comments

Lacey's picture

I live in BC and have kind of gone thru this.My ex thought that he should have to pay less CS (child support) because I was living with my BF.He even took us to court over it and subpeoned my BF.It ended up leading to so much stress in our relationship that my BF and I know longer live together but are still a couple.

Anyway to the point.It turns out that my BF would not be responsible at all for supporting my children and that my ex would still have to pay the same amount in CS.

I do know that here once you have lived together for a year and are considered common-law child tax benifit will be adjusted to go according to both your incomes.I don't know whether that I relevent or not but thought I would share that info with you.

I hope it all works out.

Lacey

stamina's picture

This is a big decision Shar. Get some legal advice. I don't think that she can go after your income because child support in Ontario goes by a chart based on husband's income...period. I have friends who are in this situation and their income is not considered. But get some legal advice...this is too big a decision not too! Good luck!

Anonymous1's picture

I am also in Ontario - and I am the common law spouse of someone paying support to his ex-spouse (for the children). His ex also attempted (threatened) to "get more money" because of MY income - I contacted a Lawyer and was advised that the calculation of support payments does NOT include the spouse.

Where it can vary, is that HIS living costs are considered, and if (for example) the father of the children moves in with a new "girlfriend" or "wife" - and does not have living costs (say...no mortgage because she already owned a home) - they COULD (but not always) have him pay more support (as he has more NET income available).

Typically (in Ontario) - the rate is set by the chart issued by the Family Court (available online to view).