My boyfriend has two kids from a previous marriage, the kids mother just got married. If the mother gets pregnant and goes on Maternity leave, does he have to pay more child support? Is anyone going through this (canada)
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I went through this with my husband but it was in the U.S. Child support is based on your income and the number of kids (that are actually his). The only legitimate reason to take him back to court for an increase would be if his income went up since the divorce. For instance if he worked at a car wash at the time but now he has his college degree and he's making a lot more money. Then his kids are entitled to be supported better too. Just make sure he never gets delinquent and always pays on time so she will never have a reason to take him back to court. My husband's ex chose to be unemployed and then to continue to pop out more kids with a man who was also unemployed. The only way that affected us is that eventually we had to take custody of his daughter because the child support that was being paid for her was now being stretched to feed a bunch of kids that were not his and we wanted to give his daughter a better home.
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I just went through this mess with my ex. Every state is different, and I have no idea about Canada, but in Indiana they take into account both parent's earning potential, for example, if mom has a degree in nuclear physics, but works part-time as a waitress to try to get more child support, the state takes that into consideration when figuring the father's child support obligation. The maternity leave issue kind of falls under this consideration in Indiana (as well as a few other categories) and in Indiana the father would not be obligated to pay anything extra.
Also, in Indiana, there are only certain occurances when the court will even consider an adjustment in child support, i.e. one parent moves out of the area, the child starts school, the child develops a special need, stuff like that.
Good luck and I hope everything works out for you!
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