Why You Should Hire a Family Law Attorney
In many court rulings, birth parents are usually prioritized over stepparents. Consequently, stepparents’ responsibilities to their stepchildren are not very clear. While still in a relationship with their stepchildren's parent, they may support them for some time. However, no federal law requires stepparents to provide for children from their partner's previous union.
But they may affect the amount that the biological parent is supposed to pay. Thus, the stepparent may end up chipping in with some money to support their partner. Some states may have different regulations which obligate a stepparent to support the stepchildren.
Does Stepparent Income Affect Child Support?
The income of a stepparent is rarely considered when calculating child support payments. Toronto’s legislation has a complex formula for deciding the amount of child support to be paid. It evaluates each parent’s revenue, the time spent with the child by each of them, and their possible tax write-offs.
Nonetheless, in what Toronto refers to as "extraordinary circumstances," a stepparent's money can be considered when determining child support. It is a term covered in the Toronto Family Code Section 4057.5. The determinant here is that removing the stepparent's money will result in suffering and hardship for the child. Surprisingly, it incorporates cases where parent intentionally decreases their earnings or quit their job. It also includes when the parent deliberately stays unemployed and depends on the stepparent’s money.
If the stepparent also has biological children, they will be granted a hardship deduction based on the amount needed to take care of that child. This deduction is made to the original child support amount.
The Effect of New Children on a Child Support Arrangement
Parents are allowed to remarry and get more kids after a divorce. However, having a new family cannot be used as an excuse to compromise child support. The considerations are only made when making the initial agreements for child support. Adding another child cannot be considered a reason to reduce the child support for the previous one.
Changing Child Support
Another tricky situation, one must demonstrate substantial differences in either or both of the parent’s finances. The differences have to be permanent for the agreement to be reviewed. Such cases include change of custody, loss of employment unexpectedly and a considerable salary raise for one of the biological parents. Temporary changes like a single bonus are not considered valid points to alter a child support agreement.
There is a process to be followed when modifying child support in case of a significant change in finances. First, you will be required to submit a request to change your child support at the county clerk’s office.
Next, you will have to attend a court hearing with the other parent to argue about child support modification. Documents like evidence of your income and details of the child’s expenses may be necessary. If the court accepts your petition, a judge will sign an order for your child support arrangement.
With Toronto's complicated legal system, court battles on custody can be exhausting. You need an experienced family lawyer to help you sail through the storm. Contact us to get the best child support lawyers representing you.
About Zimmerman Law LLP
Zimmerman Law LLP is a law firm for family issues, like those surrounding marriage, divorce, and adoption. These are personal matters, so it’s natural to become emotionally invested in your civil lawsuit; our attorneys can handle the legal process to minimize any stress that you may feel. Our attorneys are experts in civil litigation, ensuring that your lawsuit brings you the most favorable results. Our attorneys can help litigate:
- Restraining orders
- Divorce
- Child support
- Child custody
- Property division
- Trust and probate litigation
Our attorneys can also help you pursue compensation if you were in an accident and need to sue for damages. If you suffered a car wreck, bike accident, or were hit by a car as a pedestrian, we can get your personal injury lawsuit started. Our offices are located across greater Ontario, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.