WIll I Have to Pay More Child Support or Spousal Support to my Ex if I Move In With My New Girlfriend (or Boyfriend)?


common law couple moving in together with kidsIf you have been separated from your separated or divorced from your ex for a while, he or she may still be bitter if you move in with a new partner. If you new partner makes a good income, then your ex may want to try to share in that.   Assuming the property matters between you and your ex are resolved, then the only option is to seek more support.  Your ex can go to a family lawyer or divorce lawyer and get help seeking change child support relatively easel.  However,  if your ex may have trouble getting more spousal support if you have not been paying it for a while. 

Regarding child support, unless you are somehow sharing income with your wife (you are paying her as subcontractor, have an arrangement with your employer to pay her instead of you, etc.) her income is not relevant for the child support calculation.... unless she steps into the place of a parent (meaning she becomes more that just a friend to your kids or a babysitter). If she becomes a parent, then she may be liable for child support.  Here is a brief article and I covered the issue of step parents having to pay child support at the end of this podcast (the beginning may also have information you want to know before you move in with your girlfriend.) If your income has gone up since child support was originally set, you may owe more child support as child support is reviewable, and changeable, every year. See this article.

Spousal support is more complicated. It should never be based on your new partner's situation (unless you are diverting your income to your new partner).  However, it may be possible for your ex to ask to start it up again. A lot may depend on how support ended and whether you stopped paying pursuant to an order or agreement that specified an end date. It may also depend on how long ago that the spousal support stopped. If your ex has not been receiving spousal support for a while, then he or she may be "self-sufficient", which is one of the goals of spousal support. If your ex has already achieved self-sufficiency, it may be difficult for him or her to ask for more support. But, to see if your ex might qualify for support again, read this post or watch this video. To get the most piece of mind, you should speak to a family lawyer  or a divorce lawyer who can apply the law to your situation. Also, this $20 easy-to-understand book explains child support and spousal support, and how your new partner can become responsible for child support for your kids, in more detail.  It also explains what your spouse has to do to change the current support situation. It also explains the basics of almost every other family law issue.

Guide to the Basics of Ontario Famly Law - an easy to understand book to help with separation, divorce, family court, mediation, arbitration and child welfareGuide to the Basics of Ontario Family Law Available on KindleiBookstore_140x70
© John P. Schuman 2014