5,109
edits
Difference between revisions of "Spousal and Child Support (3:X)"
From Clicklaw Wikibooks
Spousal and Child Support (3:X) (view source)
Revision as of 16:26, 20 August 2021
, 16:26, 20 August 2021no edit summary
| Line 56: | Line 56: | ||
Support orders made under the ''DA'' may only be varied through the provisions of sections 17, 18, and 19. In this process, someone seeking to change a support order made in another Canadian jurisdiction must apply to the courts of BC for a provisional order. The provisional order is sent to the originating jurisdiction for a second hearing to confirm the order. Unless the order is confirmed, the provisional order has no effect. | Support orders made under the ''DA'' may only be varied through the provisions of sections 17, 18, and 19. In this process, someone seeking to change a support order made in another Canadian jurisdiction must apply to the courts of BC for a provisional order. The provisional order is sent to the originating jurisdiction for a second hearing to confirm the order. Unless the order is confirmed, the provisional order has no effect. | ||
As of March 1, 2021, sections 17, 18, and 19 of the DA | As of March 1, 2021, sections 17, 18, and 19 of the DA were repealed or revised to include new language related to parenting, as well as new provisions for addressing variation, recission, and suspension of orders (s 17), interjurisdictional proceedings (s 18), and proceedings between a province and another designated jurisdiction (s 19). | ||
=== 4. Agreements === | === 4. Agreements === | ||
| Line 100: | Line 100: | ||
Section 15.2(6) of the ''DA'' and section 161 of the ''FLA'' direct courts to consider the following objectives in determining entitlement to spousal support: | Section 15.2(6) of the ''DA'' and section 161 of the ''FLA'' direct courts to consider the following objectives in determining entitlement to spousal support: | ||
* | * To recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship; | ||
* | * To apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child; | ||
* | * To relieve any economic hardship of the spouses arising from the care of the child, beyond the duty to provide support for the child; and | ||
* | * As far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time. | ||
Section 15.2(4) of the ''DA'' and section 162 of the ''FLA'' direct courts to consider the same factors in determining the amount and duration of spousal support, namely, the conditions, means, needs and other circumstances of each spouse, including: | Section 15.2(4) of the ''DA'' and section 162 of the ''FLA'' direct courts to consider the same factors in determining the amount and duration of spousal support, namely, the conditions, means, needs and other circumstances of each spouse, including: | ||
* | * The length of time the spouses cohabited; | ||
* | * The functions performed by each spouse during cohabitation; and | ||
* | * Any order, agreement or arrangement relating to support of either spouse. | ||
=== 3. Issues Related to Spousal Support === | === 3. Issues Related to Spousal Support === | ||
