Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Determining how much child support should be paid?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

Hi there, I currently live in Alberta, but lived in Richmond BC when I got divorced and filed my separation agreement and divorce with the BC courts at that time . Currently FMEP in BC is involved in collecting and paying me child support from my ex husband.My ex husband gave up his permanent residence in BC prior to me moving away from BC and since then works in the NWT for 6 weeks on and then for his 2 weeks off comes back to BC where he stays with his girlfriend. He does not maintain a permanent residence.
I have 2 kids (14 years and an 18 year old who will be a fulltime university student).
Our separation agreement stipulates that child support will be paid for each child while they are fulltime students and if not fulltime students until they are 19.
I currently live with a new partner- however we have maintained separate finances. We do co-own a house 50/50. There are no other joint accounts and we share expenses 50/50.

My ex husband has requested my new partners T 4 information. Does he have a right to this information and should it be considered when determining how much child support should be paid?
My ex husband earns about $80,000 per year. I make slightly more than this and so does my new partner.

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
5 years ago

A: If the only issue is child support then your ex has no right to demand disclosure of your new spouse’s income as that is entirely irrelevant to the determination of child support which is based solely on the income of the payor. If spousal support was in issue then there would be a basis to demand such disclosure. The only exception to this would be that if your ex made a claim under the undue hardship provisions of the child support guidelines, claiming that he cannot afford to pay the basic table amount for his income level (due to some other order for support against him or because he still is carrying family debts that were incurred during your marriage to him, or due to excessive costs to exercise his parenting time), then the income of each member of your household (and his household) would have to be disclosed for purposes of a “Comparison of Household Standards of Living Test”. In that limited circumstance you would have to disclose your new spouse’s income even though it would not have any direct bearing on the amount of child support you are entitled to.

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
Would love your thoughts, please comment.x