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ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3467
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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My boyfriend and I are Canadian, both divorced, and we

Customer Question

My boyfriend and I are Canadian, both divorced , and we intend to live together. He is presently paying spousal and child support.
when we live together can his ex wife apply for increased spousal support based on the additional money I bring into the household or is she limited to only receive spousal support based on my boyfriends earnings on his tax return.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  ulysses101 replied 1 year ago.

Hello Lisa, thank you for the question.

Just to clarify, you are asking about spousal support, right?

Will his income change after you move in?

What province are you in?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Expert:  ulysses101 replied 1 year ago.

OK, so your boyfriend moving in with you doesn't have a direct effect on his spousal support obligation.

There might be an indirect effect, however. If the two of you are moving into a home or apartment that's the same cost of what he already has, then his ability to pay support has arguably increased. Same with splitting bills, etc..

It's possible that there's a triggering event in the order or agreement between your fella and his ex. Either of them commencing a cohabitational spousal or interdependent relationship could be a condition for a review of the spousal support, so check it carefully. Usually when the recipient moves in with someone then that's a more direct change in circumstances but the payor's similar change might make the obligation reviewable by the court.

What you earn isn't taken into account regarding what he pays to his ex. If you earned huge dollars and he decided to not work and live off of your income that would be a different story, but if his own income remains the same after moving in with you then that shouldn't be an issue.

Does that make sense? Anything else about this topic to discuss? If I've answered you fully then I'd appreciate a positive service rating please.

Expert:  ulysses101 replied 1 year ago.

Was there anything else about this spousal support topic to discuss?

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