Spousal Support - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-26T21:36:02Z

Clicklaw directory link edit

Nate Russell: From staging 2024

2024-01-15T22:08:11Z

From staging 2024

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	The amount of spousal support is generally calculated using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines is an academic paper, published by the federal Department of Justice, which describes a number of mathematical formulas that calculate the amount of spousal support payments based on each person's income, the length of their relationship, the age of their children, and other factors. You can find the Advisory Guidelines in a separate section of this chapter.		The amount of spousal support is generally calculated using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines is an academic paper, published by the federal Department of Justice, which describes a number of mathematical formulas that calculate the amount of spousal support payments based on each person's income, the length of their relationship, the age of their children, and other factors. You can find the Advisory Guidelines in a separate section of this chapter.

	You can visit DivorceMate’s website for their [~~http~~://mysupportcalculator.ca~~%20mysupportcalculator.ca~~ free spousal support calculator]. This calculator is very good for simple situations, but if there is anything complicated about your circumstances you may want to meet with a lawyer who has bought DivorceMate’s professional software. This will let the lawyer give you some fairly fine-tuned numbers. This chapter’s section on the [[Spousal Support Advisory Guidelines]] discusses the Advisory Guidelines formulas in a lot more detail.		You can visit DivorceMate’s website for their [https://www.mysupportcalculator.ca/ free spousal support calculator]. This calculator is very good for simple situations, but if there is anything complicated about your circumstances you may want to meet with a lawyer who has bought DivorceMate’s professional software. This will let the lawyer give you some fairly fine-tuned numbers. This chapter’s section on the [[Spousal Support Advisory Guidelines]] discusses the Advisory Guidelines formulas in a lot more detail.

	In addition to considering the Spousal Support Advisory Guidelines, it is important that each party prepare a sworn court form called a financial statement whether a court proceeding has been started or not. In Provincial Court, the form uses is a Form 4 Financial Statement, and in Supreme Court, the form used is a Form F8 Financial Statement. Financial statements set out each spouse's income and assets, expenses and liabilities in detail.		In addition to considering the Spousal Support Advisory Guidelines, it is important that each party prepare a sworn court form called a financial statement whether a court proceeding has been started or not. In Provincial Court, the form uses is a Form 4 Financial Statement, and in Supreme Court, the form used is a Form F8 Financial Statement. Financial statements set out each spouse's income and assets, expenses and liabilities in detail.
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	===Documents===		===Documents===

	* [~~http~~://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines]		* [https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines]
	* [~~http~~://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f3/s1-f3-c3-eng.html#N10C4B Canada Revenue Agency's Income Tax Folio: S1-F3-C3, Support Payments]		* [https://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f3/s1-f3-c3-eng.html#N10C4B Canada Revenue Agency's Income Tax Folio: S1-F3-C3, Support Payments]

	===Links===		===Links===

	* [~~http~~://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html Department of Justice's website "About spousal support"]		* [https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html Department of Justice's website "About spousal support"]
	* [~~http~~://~~www2~~.~~gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs~~/~~family-maintenance-services~~ Ministry of Attorney General's website "Family Maintenance Services"]		* [https://bit.ly/46Nr0YS Ministry of Attorney General's website "Family Maintenance Services"]
	* [https://clicklaw.bc.ca/resource/1618 Legal Aid BC's Family Law website's information page "Child & spousal support"]		* [https://clicklaw.bc.ca/resource/1618 Legal Aid BC's Family Law website's information page "Child & spousal support"]
	**See "Spousal support"		**See "Spousal support"
	* [~~http~~://www.~~fmep.gov.bc~~.ca/ Family Maintenance ~~Enforcement Program~~ website]		* [https://www.bcfma.ca/ BC Family Maintenance Agency website]
	* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law Script "Spousal support"]		* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law Script "Spousal support"]
	* [https://www.clicklaw.bc.ca/global/search?k=spousal%20support Clicklaw listing of resources on spousal support]		* [https://www.clicklaw.bc.ca/global/search?k=spousal%20support Clicklaw listing of resources on spousal support]

Nate Russell: From staging July 2022

2022-09-28T22:44:23Z

From staging July 2022

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	*section 2: definitions		*section 2: definitions
	*section 4: the court's authority to make spousal support orders		*section 3: the court's authority to make spousal support orders when a spouse is asking for a divorce order
	*section 5: the court's authority to change spousal support orders		*section 4: the court's authority to make spousal support orders after the court has made a divorce order
			*section 5: the court's authority to change spousal support orders after the court has made a divorce order
	*section 15.2: spousal support orders		*section 15.2: spousal support orders
	*section 15.3: child support has priority over spousal support		*section 15.3: child support has priority over spousal support
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	===The ''Family Law Act''===		===The ''Family Law Act''===

	The provincial ''[[Family Law Act]]'' applies to married spouses and to unmarried spouses. The ''Family Act'' ~~also~~ talks about orders for spousal support, changing orders for spousal support, both going forward and going back in time, and arrears of spousal support.		The provincial ''[[Family Law Act]]'' applies to married spouses and to unmarried spouses. The ''Family Act'' talks about orders for spousal support, changing orders for spousal support, both going forward and going back in time, and arrears of spousal support.

	Both the Provincial Court and the Supreme Court can deal with claims under the ''Family Law Act''.		Both the Provincial Court and the Supreme Court can deal with claims under the ''Family Law Act''.

Nate Russell: Unused template removed

2022-07-14T18:36:08Z

Unused template removed

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	~~{{JPBOFL Start Chapter~~
	\|Related = [[Basic Principles of Spousal Support\|Basic Principles]]{{·}}[[The Spousal Support Advisory Guidelines\|The Advisory Guidelines]]{{·}}[[Making Changes to Spousal Support\|Making Changes]]{{·}}[[Spousal Support Arrears]]
	}}
	{{JP Boyd on Family Law TOC\|expanded = spousalsupport}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = spousalsupport}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[David Dundee]] and [[Gillian Oliver]]		\|ChapterEditors = [[David Dundee]] and [[Gillian Oliver]]

Nate Russell: From staging July 2022

2022-07-13T19:25:23Z

From staging July 2022

Show changes

Nate Russell: /* Links */

2019-07-31T22:11:39Z

Links

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	**See "Spousal support"		**See "Spousal support"
	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law ~~Script~~ Script "Spousal support"]		* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law Script "Spousal support"]
	* [https://www.clicklaw.bc.ca/global/search?k=spousal%20support Clicklaw listing of resources on spousal support]		* [https://www.clicklaw.bc.ca/global/search?k=spousal%20support Clicklaw listing of resources on spousal support]
	* [http://mysupportcalculator.ca DIVORCEmate's free basic spousal support calculator]		* [http://mysupportcalculator.ca DIVORCEmate's free basic spousal support calculator]

Nate Russell: /* Links */

2019-07-31T22:10:54Z

Links

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	* [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services Ministry of Attorney General's website "Family Maintenance Services"]		* [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services Ministry of Attorney General's website "Family Maintenance Services"]
	* [https://clicklaw.bc.ca/resource/1641 Legal Services Society's Family Law website's information page "Child & spousal support"]		* [https://clicklaw.bc.ca/resource/1641 Legal Services Society's Family Law website's information page "Child & spousal support"]
	**See "~~Sousal~~ support"		**See "Spousal support"
	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law Script Script "Spousal support"]		* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law Script Script "Spousal support"]

Nate Russell at 22:07, 31 July 2019

2019-07-31T22:07:31Z

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	===Links===		===Links===

	* [http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html Department of Justice: About spousal support]		* [http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html Department of Justice's website "About spousal support"]
	* [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services Family Maintenance ~~Program~~]		* [http://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services Ministry of Attorney General's website "Family Maintenance Services"]
	* [~~http~~://clicklaw.bc.ca/resource/1641 Legal Services Society's Family Law website~~: Spousal~~ support]		* [https://clicklaw.bc.ca/resource/1641 Legal Services Society's Family Law website's information page "Child & spousal support"]
			**See "Sousal support"
	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [~~http~~://clicklaw.bc.ca/resource/1239 ~~Canadian Bar Association BC Branch:~~ Script ~~on spousal~~ support]		* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law Script Script "Spousal support"]
	* [~~http~~://www.clicklaw.bc.ca/global/search?k=spousal%20support Clicklaw~~: Various~~ resources on spousal support]		* [https://www.clicklaw.bc.ca/global/search?k=spousal%20support Clicklaw listing of resources on spousal support]
	* [http://mysupportcalculator.ca DIVORCEmate's free basic spousal support calculator]		* [http://mysupportcalculator.ca DIVORCEmate's free basic spousal support calculator]

Nate Russell: /* Deductibility of legal fees */

2019-07-16T18:58:22Z

Deductibility of legal fees

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	===Deductibility of legal fees===		===Deductibility of legal fees===

	The portion of a lawyer's bill attributable to ''increasing'' or ''enforcing'' a spousal support order is tax deductible. ~~The cost~~ of ~~obtaining a~~ spousal support ~~order or defending a claim for spousal support is not deductible~~. Read the Canada Revenue Agency's [http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f3/s1-f3-c3-eng.html#N10C4B Income Tax Folio: S1-F3-C3, Support Payments] for the fine print.		The portion of a lawyer's bill attributable to ''establishing'', ''increasing'' or ''enforcing'' a spousal support order for periodic payments is tax deductible by the recipient. A payor cannot deduct legal fees paid to establish, negotiate, contest, reduce or terminate the amount of spousal support. Read the Canada Revenue Agency's [http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f3/s1-f3-c3-eng.html#N10C4B Income Tax Folio: S1-F3-C3, Support Payments] for the fine print.

	To claim these deductions, the lawyer must write a letter to the CRA setting out what portion of their fees were attributable to advancing a spousal support claim. If you intend to ask your lawyer for a letter like this, you must tell your lawyer as soon as possible, preferably the moment the lawyer takes your case. It may be impossible to winnow out the portions of an account spent on spousal support after the fact.		To claim these deductions, the lawyer must write a letter to the CRA setting out what portion of their fees were attributable to advancing a spousal support claim. If you intend to ask your lawyer for a letter like this, you must tell your lawyer as soon as possible, preferably the moment the lawyer takes your case. It may be impossible to winnow out the portions of an account spent on spousal support after the fact.

Nate Russell: /* Changing source deductions */

2019-07-16T17:15:55Z

Changing source deductions

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	===Changing source deductions===		===Changing source deductions===
	You ~~do not have~~ to wait ~~for~~ tax time. You can arrange through your payroll department and the [~~http~~://www.~~cra-arc.gc~~.ca/tx/~~ndvdls~~/~~tpcs~~/~~ncm~~-tx/~~spprtpymnts~~/~~ddctn~~-~~eng~~.html Canada Revenue Agency] for approval of an adjustment to your source deductions for income tax, so your new take-home pay reflects both the payment of spousal support and the deduction for tax purposes.		A ''source deduction'' (or payroll deduction) is an amount of money your employer is required by law to deduct from your pay and remit to the Canada Revenue Agency. Your employer calculates the source deduction based on the salary or wages they are paying you. You need to take steps to make sure that any periodic spousal support you're paying is also factored in, otherwise your source deduction will be higher than it needs to be. While you could just wait to until tax time to get the money back, you do not need to. You can arrange through your payroll department and the [https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/support-payments/deductions-your-pay.html Canada Revenue Agency] for approval of an adjustment to your source deductions for income tax, so your new take-home pay reflects both the payment of spousal support and the deduction for tax purposes.

	===Avoiding unexpected taxes===		===Avoiding unexpected taxes===