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K_Sc · Apr 29, 2009, 12:51 PM

My husband has a child from a previous relationship. He has always taken his responsibility for this child seriously, never missed a child support payment, which is, as far as I can tell, quite a generous amount for one child. They settled out of court. His financial situation has changed a lot in the last 3 years since she was born, we have a mortgage and now we are expecting a baby, does an additional dependent and expenses for housing effect the amount of child support he would pay?

K_Sc · Apr 29, 2009, 12:53 PM

Sorry, I should add that we live in Alberta, Canada

ScottGem · Apr 29, 2009, 12:56 PM

Housing doesn't, but an additional child might.

Basically he needs to file for a moditifcation in your local family court. He may have settled on a custody/support/visitation/asset split outside of a courtroom, but it had to be affirmed by a court. So the court has to modify it.

K_Sc · Apr 29, 2009, 02:39 PM

I read something about 'neccessities of life' playing a part, and I believe housing is included... we went from paying basically nothing to a 1200 dollar monthly mortgage payments. Also, she doesn't pay anything for rent because he bought them a house to live in. It might not factor in but it seems kind of unfair.

K_Sc · Apr 29, 2009, 02:40 PM

As well her boyfriend lives there also, shouldn't that be accounted for when deciding what her monthly expenses are?

ScottGem · Apr 29, 2009, 02:43 PM

No housing won't count because that's a CHOICE. If he was still living in the same place and the rent had gone up in that time, then it might be considered. But if his housing costs increased because of a voluntary move then it won't be considered.

The bf's income will not be considered unless it can be proven he contributes to the household income.

K_Sc · Apr 29, 2009, 02:56 PM

So she was given the luxury of having a home handed to her because she had a child by my husband, and my child should have to live in lesser conditions because we "choose" to make a home for him?

I'm not even able to take time off to be with my child because we have to pay for child care on top of what we pay for his daughter. That doesn't seem right to me.

I know that child is well taken care of, we see her often and ensure that she has everything she needs (and wants) and I would never want to see her go without, and I know she won't. I just think this system needs work, and a FAIR way of deciding child support.

cdad · Apr 29, 2009, 06:39 PM

Originally Posted by K_Sc

So she was given the luxury of having a home handed to her because she had a child by my husband, and my child should have to live in lesser conditions because we "choose" to make a home for him?

I'm not even able to take time off to be with my child because we have to pay for child care on top of what we pay for his daughter. That doesn't seem right to me.

I know that child is well taken care of, we see her often and ensure that she has everything she needs (and wants) and i would never want to see her go without, and i know she won't. I just think this system needs work, and a FAIR way of deciding child support.

Well then you really need to think about this. Since your married to the non custodial parent it is possible under your laws that your income could be included in HIS child support. So if you try to change it you need to look close because they could raise it.

Canada recognizes step parents having a contribution to a child.