Home Children Child Support Jenner-Scott Baby: What if Mommy and Daddy Call It Splits

Jenner-Scott Baby: What if Mommy and Daddy Call It Splits

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 The internet exploded ever-so-slightly last weekend, when Kylie Jenner announced the birth of her first daughter with rapper beau, Travis Scott.

Kylie and Travis began dating in April 2017 – but have been fairly secretive about their relationship.

TMZ broke the news that Kylie was pregnant in September 2017, but the couple continued to keep things top secret, and Kylie went MIA… staying out of the spotlight and away from paparazzi.

After months of speculation and guessing, on February 4, 2018, Kylie announced the birth of their daughter and apologized to fans for keeping them in the dark. TMZ has since reported that Kylie delivered their little bundle of joy at Cedars-Sinai in LA, on February 1 at 4:43 PM.

Although Kylie and Travis are not married, and they do not presently cohabit or live together (as far as we know… but they’ve been so good at keeping things under wraps, there’s really no way of being too sure), the fact they now have a child together could significantly impact their family law rights and obligations.

If Kylie and Travis resided in Ontario and were to call it splits, either of them could potentially be responsible for paying child support. All parents have a legal duty and obligation to support their dependent children, to the extent that they are able to. In Ontario, child support is calculated using the Child Support Guidelines, and the laws and principles apply equally and the same for married parents and unmarried parents.

In terms of spousal support, Kylie and Travis would be on the hook if they fell within the Family Law Act’s definition of cohabitating spouses. As per section 29 of theFLA, “spouse” includes and refers to persons who are not married and have cohabited continuously for a period of at least three years, OR if they are the parents of a child, and have cohabitated in a relationship of some permanence.

If Kylie and Travis were married, they’d have claims and dibs on equally sharing in all of the assets they acquired throughout the marriage. But since Kylie and Travis are unmarried, they’d have no automatic entitlement to the Family Law Act’s property sharing regime, unless they had opted into same via a domestic contract. So, essentially, Kylie and Travis would walk away unscathed, with the property and assets that are in their respective name – splitting only those properties or assets which are held jointly. It’s noteworthy that Kylie and/or Travis may have a claim for unjust enrichment or a constructive trust/joint family venture, but that’s a topic for another time.

Needless to say, the birth of this new Kardashian-Jenner baby could have some potentially serious repercussions for Kylie and Travis – but only if things go sideways in terms of their relationship. For the time being, we wish the new parents a very hearty CONGRATULATIONS!

Andrew Feldstein The Feldstein Family Law Group (FFLG) is one the largest family law firms that practices Family Law exclusively in Greater Toronto, with 10 lawyers and counting. The boutique law firm has won the Top Choice Award for Family Law™ in Toronto for the past eleven years (2007 to 2018 inclusive). Managing Partner Andrew Feldstein has been practicing family law for more than 20 years and frequently comments on Family Law issues through the media. The Feldstein Family Law Group offers vast written, video, and media resources on its website to those who find that they need to end their relationship.