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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101436
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My husband and I are desperate advice! Our situation.... My

Customer Question

Hi! My husband and I are desperate for some advice!
Our situation....
My husband has a daughter (14 yrs old) from a previous relationship (never married). They split when their child was 1. We meet when she was 7. We then had three children together. He never paid child support. They mutually agreed to shared custody and paying equally for whatever she needed. Then out of the blue at 14 years old she told my husband and I she no longer wanted to come here. Now her
Mom is coming after us for child support. Do we have any rights? Do we have to follow the child support table for Manitoba even though we have three children of our own and since she never asked for support before? We feel lost! Please help!
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

Is she asking for retroactive child support or just for child support going forward?

Customer: replied 2 years ago.
I believe just child support going forward. Or at least we hope so
Expert:  Legal Ease replied 2 years ago.

Going forward your spouse will have to pay child support. If the child lives with the mother for at least 60% of the time then in most cases the table amount will apply.

The only exception is if your spouse can prove this will cause him to undergo undue hardship.

In that regard he can make this claim successfully if he can prove that your lifestyle is significantly lower than the mother's. The court would determine if this were the case by considering your income and his and all of the expenses for your family and contrast this with her income and her partner's if any and then all their expenses.

Let me know if you need further clarification.