First Family Principles and Divorce

All Children Are Not Equal Under First Family Practices

Subsequent marriages may often lead to new siblings.

Blended Families: The New Norm

A previous marriage or relationship leaves a lasting impression on the future, especially when a child may be involved as a product of the former marriage. Beyond parental duties, there are financial obligations like child support that remain until a child reaches the legal age of majority, or until a court determines otherwise.

Many subsequent relationships, marriages, or new families adapt to the past. In the age of blended families, it is increasingly normal for children to grow up with stepparents and step-siblings, and half-brothers and sisters.

There are instances, however, when blending two older families with newer families creates conflict and tension — especially in financial matters and issues of support. When a parent has an obligation to a child from a previous marriage or relationship and begins a new family, it creates legal questions that may affect the parent’s bottom line.

When Children are Prioritized

According to recent statistics, about 80 percent of divorced people will remarry. A second family is practically an inevitable circumstance of divorce in 2018. Not every subsequent marriage produces children, but even when two people with children from previous marriages get together, the likelihood exists that they may want to raise a child of their own.

When one, or both of them, is paying child support from a previous marriage or relationship, it raises a question of how to support a second family. Allocating resources between first children and second children is a tug of war that involves former spouses, different sets of children, and the law.

In Canada, the practice of “first family” policies governs how most courts evaluate questions of child support related to blended families.

First Family Adds Pressure to Later Relationships

The “first family” policy is simple. It provides that a parent’s primary obligation resides with the first child. This means that courts general see existing child support as the priority obligation when parents are rearing a second child from a later relationship. Even though courts usually act on the best interests of the child principles, they nonetheless will give preference to one child over another because of the “first-family” rule.

Many parents enter a new relationship open to the idea of another child. When a parent finally decides to begin a second family and faces the financial realization of a new child, and has an existing support obligation to a child of a previous marriage, the results can be overwhelming.

Couples are often dismayed to learn that a court will not entertain reductions in child support, allowances, or other adjustments because of a new child. As a result, unchanged support guidelines sometimes leave couples in the difficult position of having to spare scarce resources for the first child.

In addition to child support, a former spouse may also be making spousal support payments — essentially trying to support two families on one income. Similar to child support, spousal support laws provide little relief based on a claim of a second family.

Negotiating Support Reductions is Possible

While rare, courts will entertain applications for reduction in either child or spousal support. In most instances, requests are based on some material change in circumstances and the decision to begin a second family does not always qualify as a material change.

If you are among the many Canadians who have a family, but have chosen to begin another, a qualified family law attorney can help negotiate the complex legal questions that surround “first family” ideals. Be prepared for any bumps in the road and speak to an experienced lawyer who may be able to alleviate conflict when blended families come together. Contact Fine & Associates for a consultation today.