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Getting Child Support from BM... Thoughts?

sunshinex's picture

So my SO and I are finally going for child support from BM, who only works 2 or 3 shifts a week part-time but also likely collects some type of assistance. She also claimed the child tax credit for at least a year, that we know of, when SD has been with my SO in primary custody since she was 9 months old. I have a few questions about what to expect.. although I've already talked to my lawyer, I'd like to see if anyone has experience that could give me some insight. We live in Canada, btw.

1. Is it more difficult to get child support from a woman? I know the courts can unfortunately be a bit sexist/harder on men. Should we expect to get less/nothing compared to what we would get if she wasn't female?

2. Will she be able to get by working part time and contributing very little or will they demand more from her? There is nothing at all holding her back from having a full-time job, or a higher paying job as she has a degree.

3. Can she use my income as a reason not to pay child support? She seems to think SD is MY financial obligation and has stated before that "sunshinex should just pay for daycare, uniforms for school, etc., she has money" when asked to contribute.

4. Has anyone ever heard of someone claiming "undue hardship" and having it work out so they don't have to pay anything? Is there anything I can do to avoid providing my income information if she does claim undue hardship?

I'm just very eager to get this done and hoping she has to pay a decent amount as SO could really use the help. I split expenses like groceries, presents for holidays, etc. but big ticket items like daycare i'm not too comfortable splitting.

sunshinex's picture

Oh jeez. SO frustrating. That's EXACTLY what I've been expecting - them to procrastinate and lose things and slow down the whole process because why should a MOTHER have to pay for her child? That's annoying.

sunshinex's picture

Oh most definitely... I really want her to start paying because my SO doesn't have a lot of money and really does struggle to get what she needs - and I feel bad refusing to help, but at the same time, I never made the choice to birth a child that costs tons of money lol. I get her a couple gifts on holidays and pay for half the groceries - that's it. My SO knows I refuse to pay and understands that it's a huge financial cost that's not mine. He knows it's not right for anyone but BM and him to pay for her.

notsobad's picture

Here's the link to the CS chart look up.
Each province is different but you just plug in your info and it will give you a CS amount.

http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp

I would add to the above that while the amount of CS that BM will have to pay is based on her income, your SO will have to provide his tax assessments and financial information.
Each parent has to provide tax assessments and financial information in an appearance of fairness. If you know what she makes, she's entitled to know what he makes.

notsobad's picture

Hahaha, our mediator told us it was in fairness to all involved. Guess it was just to make us feel better!