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Determining how much child support should be paid?

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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.

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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.

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