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ARTICLE · 20 DECEMBER 2022

How Does A Second Family Impact Child Support?

Siskinds LLP
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After a separation, it is not uncommon for one or both spouses to move on to a new romantic relationship, have new biological children or take on the role of a step-parent.

CanadaFamily and Matrimonial
Nadine Russell
Nadine Russell
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After a separation, it is not uncommon for one or both spouses to move on to a new romantic relationship, have new biological children or take on the role of a step-parent. This is sometimes referred to as a "second family". Having a second family can create new financial obligations, and those obligations can sometimes create strain when a payor is also saddled with an obligation to pay spousal support to their first spouse.

This situation can arise at the first instance, when a spouse re-partners soon after a separation and there is a second family already in existence when determining spousal support to the first spouse. It can also arise in the context of a "variation", where a spousal support obligation has already been determined, and years later the support payor is trying to reduce or terminate support, using the "second family" as a factor.

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