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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99940
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I'm a PSW single woman, my ex husband is an engineer brings

Customer Question

Hi I'm Katrina I'm a PSW single woman, my ex husband is an engineer brings in $1800.00 bi-weekly net,and his live in gf runs a home daycare out of their home. I bring in $2000.00 a month net, last year my notice of assessment stated that I made $44185.00 and according to a table on the Ontario gc website I'm suppose to pay $650.00 a month in child support the two children primarily reside with him I get my children every other weekend. Does his income not come into play here? How am I suppose to live off $1350 a month?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Is there an order or agreement in place about support? If so, what does it say about spousal support?

How long were you married for and did you live together first and if so for how long?

Customer: replied 1 year ago.
I was married for 3 years together for 8 we have 2 children there is divorce papers that say I pay then table amount
Customer: replied 1 year ago.
I have my 2 children every other weekend?
Expert:  Legal Ease replied 1 year ago.

Is there nothing about spousal support in the divorce judgment? When did you separate?

Customer: replied 1 year ago.
Separated 5 years ago no spou spousal support either way, no child support then either divorced last April
Expert:  Legal Ease replied 1 year ago.

His income doesn't come into play unless you want to make a claim for undue hardship.

If you are saying that it is exceedingly difficult for you to pay the table amount of support then you can bring an application to the court to vary what you have to pay based on the fact that the amount is causing you do suffer undue hardship.

Then the court would compare his standard of living to yours and then even his spouse's income would be considered.

So it sounds like this should be your next step.

Customer: replied 1 year ago.
Thank you that's what I googled into thank you very much for your help
Expert:  Legal Ease replied 1 year ago.

You are very welcome.

I hope this works out.

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