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Child support-would I pay the table amount for three children?

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Anonymous Asked:

I am currently in the final stages of divorcing my ex-wife with whom I have two children. Since our separation, I lived common-law with another woman and we had a son together. My girlfriend and I are now splitting up. For child support, would I pay the table amount for three children, or do I pay my ex-wife the table amount for two children, and my ex-girlfriend the table amount for one child separately?

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The Child Support Guidelines are mandatory; however there are variations based on the unique facts of each case. Generally speaking the answer to your question would be that you would pay your wife child support under the Child Support Guidelines for two children, and then pay your common-law partner child support under the Child Support Guidelines for one child. However, there are facts that could change this result. They include the percentage of time that the children are with you, and a potential claim that you may have for undue hardship. As an example, the child support could go down if you are with any of the children 40% or more of the time, and as a further example if you are struggling financially it is possible to make an undue hardship claim which would allow you to pay less child support than the table amount of the Child Support Guidelines. It is impossible to provide any additional comments with respect to what might apply to you without first being able to ask you some questions. You are welcome to telephone me at 866-557-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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