Questions & Answers

Child/Spousal Support and New Partners

I just recently moved in with my boyfriend and he has 3 kids who stay with us every other weekend and once during the week. We both pay our own ways in the house and he pays for everything for his kids, meaning I don’t help him with his kids expenses when they are with us. He’s been paying his ex child support since they separated. His ex is now taking him to court and asking for more child support and now spousal support. We have only been living together for one month now so I know we are not considered common law, but I just wanted to know if our living arrangement will affect his support payments in any way. Will he be required to pay more because he is living with me, even though we keep our expenses separate and I am not helping him support his children financially? Will my personal income come into play or have anything to do with their arrangement? My living with him has not changed or affected his expenses in any way, so I’m wondering if his ex can get me involved in their battle and ask for my personal income information? Please let me know, thanks!

— D C.

Answer

Child support and spousal support are based primarily on the payor's income. Now that he is living with you, there could be an argument made that his cost of living has decreased therefore he has more funds with which to pay spousal support. Child support will be not be affected as it does not matter what his expenses are. Your income is not considered relevant except regarding how the expenses in your home are shared. If you or your boyfriend want to some help, you could book a consultation with one our lawyers. We deal with child support and spousal support issues every day.

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