Can cost of living get calculated as part of child support?

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My ex owns one house, mortgage free, which she lives in and a second one with a family member that is being renovated to be sold for a profit. At this point she is not making any money off the income property but could this be somehow factored into her annual income? Also the fact that her primary residence is mortgages free while I pay rent means that my cost of living is quite a bit higher than hers. Can this influence the amount of child support I pay?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: You have raised two questions. I answer them as follows:

1. Yes, the actual profit that she is/should be earning as a result of rental income does get included in her overall income. I can comment further on your exact facts if you call me and I can ask you some questions.
2. If you wish to pay LESS than the Child Support Guidelines, and she does not agree, then you need to make an undue hardship claim. In order to be successful your TOTAL household income needs to be lower than her TOTAL household income.

I invite you to telephone me for a free consultation, at: (877) 668-9386, so that I can provide proper guidance to you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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