Can he use this against me?

iVillage Member
Registered: 06-09-2003
Can he use this against me?
6
Mon, 02-07-2005 - 8:29am

hi all....

i was just wondering if anyone here had any idea regarding my situation.......STBXH and his new girlfriend are pregnant - I just got the "offical word"...now we have been negotiating a seperation agreement and have yet to decide how we are going to split things up.....
Can he now use the fact that he has a baby on the way against me? will this affect what i would be entitled to as spousal support?
Does this give me any leverage?

TIA for any help or thoughts.........

iVillage Member
Registered: 02-19-2004
Mon, 02-07-2005 - 11:30am

I don't think it will change anything for or against you. The best thing you can do is ask your attorney, every state and every jurisdiction works differently. Most states will not let subsequent children of the NCP affect spousal or child support... some states let child support go up if the CP has another baby by someone else (allow her income per the calculation be lower), but most do not. It definitely shouldn't affect the property distribution.




Edited 2/7/2005 11:32 am ET ET by firstamendment

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iVillage Member
Registered: 06-09-2003
Mon, 02-07-2005 - 12:10pm

Thanks.....

We do not have any children however i am entitled to spousal support....
I just did not know if because he has a baby on the way - if it would affect the amount i was entitled to receive.
Oh and i am in Canada......

iVillage Member
Registered: 02-19-2004
Mon, 02-07-2005 - 12:34pm
I have no idea how it works in Canada, and it's could depend if the spousal support is based on his gross or net income. The best advice is to ask an attorney, but if the marriage has created a financial obligation, I doubt he can use any reason (other than a permenant and unforseeable reduction of his income) to reduce the support.

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iVillage Member
Registered: 06-09-2003
Mon, 02-07-2005 - 12:52pm

right - thanks for your imput....

what i am afraid of is his child is a permanent and was an unforseeable (as he could well claim) expense therefore a reduction of income......

but yes, i could be worrying about nothing and i do meet with my lawyer in a few weeks, thanks again for help!

iVillage Member
Registered: 02-19-2004
Mon, 02-07-2005 - 1:00pm
At least in the US, a permenant unforseeable expense is not the same as a permenant unforseeable reduction of income (such as a lost job, becoming disabled, etc.). Here the calculation would be based on income and not take expenses into account (it was in my case but I only had to pay spousal support during the separation).

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iVillage Member
Registered: 03-19-2003
Mon, 02-07-2005 - 4:48pm

You're still technically married... and he having a child... with another woman????


Karen ~ wildlucky4me ~