Disclaimer: This article aims to provide educational information surrounding Spousal and Child Support. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
In contemporary society, blended families and multiple marriages have become increasingly prevalent. Many individuals find love again following a divorce, subsequently remarrying and forming new family units that often include children from prior relationships.
While these blended families can provide joy and fulfillment, they also introduce complex financial obligations. Does your obligation to the first family change when you remarry? What if you find your ability to support both families is straining your finances?
Navigating the support responsibilities to both the first and subsequent families can be challenging and requires a clear understanding of family law principles.
In this article, we will discuss the “first families first” principle when you pay support for a first family but have obligations to a second family.
The General Rule: “First Families First”
In family law, the “first families first” principle means that the first family takes priority over any subsequent obligations. This means that the needs of the original family come before those of any new relationships that may form later on. This is particularly relevant when paying spousal support and child support.
This principle ensures that the well-being of the first family, including children and former spouses, is not neglected when an individual forms a new family. It is all about maintaining fairness and balance, considering everyone’s financial situation and what is best for all parties involved. This principle helps sustain stability and fairness in family relationships, even through divorces and remarriages, by ensuring that everyone receives the support they need.
Does a Second Family Impact Support Obligations?
After a divorce, many individuals find themselves entering into marriage again, often blending families in the process. Whether they are welcoming a new child with their new partner or assuming responsibility for their partner’s children from a previous relationship, these decisions can significantly impact support payments.
Numerous cases exist in which individuals have sought to renegotiate or reduce their support obligations due to their expanded familial responsibilities.
What will Ontario Courts Consider?
How do the courts address this complex issue? They will consider the entirety of the circumstances.
- Did the payor have another child with their new spouse or voluntarily assume responsibility for their spouse’s children from a previous relationship? Arguably, a second child will affect the ability to support the first family because the support payor has an equal obligation to both the first and second child.
- Does the second family have any other means of financial support (e.g., the new spouse may be receiving child and spousal support from their former spouse)?
- Has there been a material change in circumstances such that supporting the first family would impoverish the second family or place you in financial jeopardy?
(It is important to note that child support takes priority over spousal support obligations).
Plat Simionati LLP: Strategic Legal Advice for Ontario Families
Given the complexities involved in supporting both first and second families, securing the assistance of a strategic family law lawyer is crucial. At Plat Simionati LLP, we specialize solely in family law, ensuring we have the expertise to handle even the most intricate family issues.
Whether you are navigating divorce, remarriage, or the blending of families, our dedicated team is here to assist you in maintaining fairness and stability for all parties involved. Rely on Plat Simionati LLP to guide you through the legal intricacies and provide the support you require.