The Spousal Support Advisory Guidelines - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-26T23:12:11Z

Clicklaw directory link edit

← Older revision		Revision as of 23:12, 26 August 2024
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	{{DOJbadge		{{DOJbadge
	\| resourcetype = a detailed user's guide to		\| resourcetype = a detailed user's guide to
	\| link = the [~~http~~://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/ Advisory Guidelines]		\| link = the [https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/ Spousal Support Advisory </br>Guidelines: The Revised </br>User's Guide]
	}}The ''[~~http~~://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines]'' is an academic paper published by the federal Department of Justice in July 2008. It is not a law and is not expected to become a law. However, when a spouse is entitled to receive spousal support, lawyers, mediators, arbitrators and judges often use the Advisory Guidelines to figure out how much spousal support should be paid, and how long spousal support should be paid for.		}}The ''[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines]'' is an academic paper published by the federal Department of Justice in July 2008. It is not a law and is not expected to become a law. However, when a spouse is entitled to receive spousal support, lawyers, mediators, arbitrators and judges often use the Advisory Guidelines to figure out how much spousal support should be paid, and how long spousal support should be paid for.

	This section provides an introduction to the Spousal Support Advisory Guidelines. It discusses what the courts have had to say about the Advisory Guidelines and describes how its formulas work, how they can be restructured for fairness, and the exceptions to the formulas.		This section provides an introduction to the Spousal Support Advisory Guidelines. It discusses what the courts have had to say about the Advisory Guidelines and describes how its formulas work, how they can be restructured for fairness, and the exceptions to the formulas.
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	Until relatively recently, my enthusiasm for the Advisory Guidelines was primarily tempered by the lack of public, free spousal support calculators. This seemed to me to be an appropriate function of government, particularly as it was government that funded the Advisory Guidelines project. Making things worse, the two main manufacturers of spousal support software, DivorceMate and ChildView, wouldn't sell their product to people who weren't employed in the justice system in some capacity. This left good, high-quality calculators only available to lawyers and judges, and that didn't seem fair.		Until relatively recently, my enthusiasm for the Advisory Guidelines was primarily tempered by the lack of public, free spousal support calculators. This seemed to me to be an appropriate function of government, particularly as it was government that funded the Advisory Guidelines project. Making things worse, the two main manufacturers of spousal support software, DivorceMate and ChildView, wouldn't sell their product to people who weren't employed in the justice system in some capacity. This left good, high-quality calculators only available to lawyers and judges, and that didn't seem fair.

	This all changed in April 2011 when DivorceMate stepped up to the plate with a free public website, [~~http~~://mysupportcalculator.ca mysupportcalculator.ca]. The website performs child support calculations under the [[Child Support Guidelines]] and spousal support calculations under the [[Spousal Support Advisory Guidelines]]. The results of the online spousal support calculations don't precisely match the results produced by their bells-and-whistles product for professionals and don't <span class="noglossary">account</span> for all of the factors that can impact on the results. However, the results will be fine for most people most of the time. DivorceMate deserves much credit for making this resource available, and I thank them for it.		This all changed in April 2011 when DivorceMate stepped up to the plate with a free public website, [https://mysupportcalculator.ca mysupportcalculator.ca]. The website performs child support calculations under the [[Child Support Guidelines]] and spousal support calculations under the [[Spousal Support Advisory Guidelines]]. The results of the online spousal support calculations don't precisely match the results produced by their bells-and-whistles product for professionals and don't <span class="noglossary">account</span> for all of the factors that can impact on the results. However, the results will be fine for most people most of the time. DivorceMate deserves much credit for making this resource available, and I thank them for it.

	==The views of the courts==		==The views of the courts==

	On 4 July 2005, the British Columbia Supreme Court released its first judgment considering the Advisory Guidelines, in the case of [~~http~~://canlii.ca/t/1l3x1 W. v. W.]. The court said that the Advisory Guidelines "provide a cross check against the assessment made under existing law," and that the formulas provided in the Advisory Guidelines are "consistent with the law in British Columbia." She then made an order for spousal support using the Advisory Guidelines as a check, without expressly applying the Advisory Guidelines to determine the issue. The Advisory Guidelines, she held, is not law, and is not intended to become law.		On 4 July 2005, the British Columbia Supreme Court released its first judgment considering the Advisory Guidelines, in the case of [https://canlii.ca/t/1l3x1 W. v. W.]. The court said that the Advisory Guidelines "provide a cross check against the assessment made under existing law," and that the formulas provided in the Advisory Guidelines are "consistent with the law in British Columbia." She then made an order for spousal support using the Advisory Guidelines as a check, without expressly applying the Advisory Guidelines to determine the issue. The Advisory Guidelines, she held, is not law, and is not intended to become law.

	On 19 July 2005, the court released its second judgment on the Advisory Guidelines, [~~http~~://canlii.ca/t/1l2x7 M.S. v. W.S.]. In this case, the court held, rather emphatically, that the court is not bound by the Advisory Guidelines in determining spousal support and that "equitable distribution can be achieved in a variety of ways and need not be calculated according to a strict formula."		On 19 July 2005, the court released its second judgment on the Advisory Guidelines, [https://canlii.ca/t/1l2x7 M.S. v. W.S.]. In this case, the court held, rather emphatically, that the court is not bound by the Advisory Guidelines in determining spousal support and that "equitable distribution can be achieved in a variety of ways and need not be calculated according to a strict formula."

	This view was softened later in 2005 by the Court of Appeal in the case of [~~http~~://canlii.ca/t/1lb8m Yemchuk v. Yemchuk]. In this case, the court held that the Advisory Guidelines reflects the general results seen in the case law on spousal support. While the court stopped well short of saying that the Advisory Guidelines must be used to determine spousal support, it did consider the Advisory Guidelines to be a useful tool and a factor to be considered in making an orders for spousal support, and made an order for support that was within a hair's breadth of the numbers the Advisory Guidelines formulas produced.		This view was softened later in 2005 by the Court of Appeal in the case of [https://canlii.ca/t/1lb8m Yemchuk v. Yemchuk]. In this case, the court held that the Advisory Guidelines reflects the general results seen in the case law on spousal support. While the court stopped well short of saying that the Advisory Guidelines must be used to determine spousal support, it did consider the Advisory Guidelines to be a useful tool and a factor to be considered in making an orders for spousal support, and made an order for support that was within a hair's breadth of the numbers the Advisory Guidelines formulas produced.

	As a result of Yemchuk, the Advisory Guidelines became a factor to be taken into <span class="noglossary">account</span> in fixing the amount and duration of an order for spousal support, but that it is no more than a factor. This changed with [~~http~~://canlii.ca/t/1nwzz Redpath v. Redpath], a 2006 decision of the Court of Appeal, in which the court held that it is an appealable error for a judge to fail to consider the results produced by the Advisory Guidelines. This moves things well beyond Yemchuk, as now trial courts were ''required'' to consider the Advisory Guidelines formula results in making a decision on spousal support. In 2010, the Court of Appeal went even further in [~~http~~://canlii.ca/t/2d35m Domirti v. Domirti], which held that awards of spousal support that fall substantially outside the Advisory Guidelines may be appealable.		As a result of Yemchuk, the Advisory Guidelines became a factor to be taken into <span class="noglossary">account</span> in fixing the amount and duration of an order for spousal support, but that it is no more than a factor. This changed with [https://canlii.ca/t/1nwzz Redpath v. Redpath], a 2006 decision of the Court of Appeal, in which the court held that it is an appealable error for a judge to fail to consider the results produced by the Advisory Guidelines. This moves things well beyond Yemchuk, as now trial courts were ''required'' to consider the Advisory Guidelines formula results in making a decision on spousal support. In 2010, the Court of Appeal went even further in [https://canlii.ca/t/2d35m Domirti v. Domirti], which held that awards of spousal support that fall substantially outside the Advisory Guidelines may be appealable.

	The law in British Columbia, then, is that the results of the Advisory Guidelines calculations must be considered when making a decision on spousal support. The Advisory Guidelines is, in other words, all but mandatory in this province.		The law in British Columbia, then, is that the results of the Advisory Guidelines calculations must be considered when making a decision on spousal support. The Advisory Guidelines is, in other words, all but mandatory in this province.
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	<blockquote>2) the length of time remaining until the youngest child finishes full-time school</blockquote>		<blockquote>2) the length of time remaining until the youngest child finishes full-time school</blockquote>

	I told you it was complex. To quote Professor Thompson, "this is not a calculation you can do on the back of an envelope, you will need a computer program." This formula requires a detailed understanding of how income is determined under the Advisory Guidelines and of the various government benefits, tax deductions, and tax credits that can apply to adjust net income. I've written a paper on the subject for the Department of Justice, "[~~http~~://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/calc/index.html Obtaining Reliable and Repeatable SSAG Calculations]," which is available to the public. Be warned, however. It's a bit dry.		I told you it was complex. To quote Professor Thompson, "this is not a calculation you can do on the back of an envelope, you will need a computer program." This formula requires a detailed understanding of how income is determined under the Advisory Guidelines and of the various government benefits, tax deductions, and tax credits that can apply to adjust net income. I've written a paper on the subject for the Department of Justice, "[https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/calc/index.html Obtaining Reliable and Repeatable SSAG Calculations]," which is available to the public. Be warned, however. It's a bit dry.

	The maximum amount payable under this formula is the range the formula sets out: 40 to 46 percent of the difference between the payor's net disposable income and the recipient's net disposable income.		The maximum amount payable under this formula is the range the formula sets out: 40 to 46 percent of the difference between the payor's net disposable income and the recipient's net disposable income.
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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.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/calc/index.html Obtaining Reliable and Repeatable SSAG Calculations], by JP Boyd		* [https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/calc/index.html Obtaining Reliable and Repeatable SSAG Calculations], by JP Boyd

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

	* [~~http~~://mysupportcalculator.ca DivorceMate’s free basic spousal support calculator]		* [https://mysupportcalculator.ca DivorceMate’s free basic spousal support calculator]
	* [https://~~clicklaw~~.bc.ca/~~resource~~/~~1618~~ Legal Aid BC's Family Law website~~'s information page "Child & spousal support"]~~		* [https://family.legalaid.bc.ca/finances-support/child-spousal-support/spousal-support Spousal support] from Legal Aid BC's Family Law website
	**See "Spousal support"		* [https://dialalaw.peopleslawschool.ca/spousal-support/ Spousal support] from Dial-A-Law by the People's Law School
	* [https://~~clicklaw~~.bc.ca/~~resource~~/~~1239~~ Dial-A-Law ~~Script "Spousal support"]~~		* [https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html Department of Justice's website "About spousal support"]
	* [~~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/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/index.html Spousal Support Advisory Guidelines: The Revised User's Guide]
	* [~~http~~://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/index.html Spousal Support Advisory Guidelines: The Revised User's Guide]

Nate Russell: From staging July 2022

2022-07-13T21:40:38Z

From staging July 2022

Show changes

Nate Russell at 22:15, 31 July 2019

2019-07-31T22:15:11Z

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	* [http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines]		* [http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines]
	* ''[http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/calc/index.html Obtaining Reliable and Repeatable SSAG Calculations]'', by JP Boyd		* [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/calc/index.html ''Obtaining Reliable and Repeatable SSAG Calculations''], by JP Boyd

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

	* [http://mysupportcalculator.ca DivorceMate’s free basic spousal support calculator]		* [http://mysupportcalculator.ca DivorceMate’s free basic spousal support calculator]
	* [~~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"]
	* [~~http~~://clicklaw.bc.ca/resource/1239 ~~Canadian Bar Association BC Branch:~~ Script ~~on spousal~~ support]		**See "Spousal support"
	* [http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html Department of Justice: About spousal support]		* [https://clicklaw.bc.ca/resource/1239 Dial-A-Law Script "Spousal support"]
	* [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/index.html ~~SSAG User’s~~ Guide]		* [http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html Department of Justice's website "About spousal support"]
			* [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/index.html ''Spousal Support Advisory Guidelines: The Revised User's Guide'']

Nate Russell: /* The legal status of the advisory guidelines */

2019-07-26T19:26:19Z

The legal status of the advisory guidelines

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	===The legal status of the advisory guidelines===		===The legal status of the advisory guidelines===

	The Advisory Guidelines is not a law, and people involved in family law disputes are not bound by it. As of July 2008, the Department of Justice said that it had no plans to turn the Advisory Guidelines into a law and didn't intend to do so. I've heard nothing to suggest a contrary intention since.		The Advisory Guidelines is not a law, and people involved in family law disputes are not bound by it. As of July 2008, the Department of Justice said that it had no plans to turn the Advisory Guidelines into a law and didn't intend to do so. I've heard nothing to suggest a contrary intention since. The BC Court of Appeal, however, has said that a judge must consider the Advisory Guidelines, and a ruling that falls substantially outside its ranges may be an appealable error. Lawyers and the courts now routinely use the Advisory Guidelines in making decisions about spousal support. Read more below under the heading "The state of the law in British Columbia."

	===The Advisory Guidelines in a nutshell===		===The Advisory Guidelines in a nutshell===

Nate Russell: /* Exceptions to the Advisory Guidelines formulas */

2019-07-17T00:21:32Z

Exceptions to the Advisory Guidelines formulas

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	==Exceptions to the Advisory Guidelines formulas==		==Exceptions to the Advisory Guidelines formulas==

	If adjusting support within the ranges doesn't work and if restructuring support doesn't work, chapter 12 of the Advisory Guidelines contains exceptions, which are recognized categories of departure from the formula outcomes that have been included in the Advisory Guidelines so that parties can accommodate their special circumstances. According to a 2016 update from Professors Rogerson and Thompson, in ''[https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/p12.html~~#sec12n~~ Spousal Support Advisory Guidelines: The Revised User's Guide]'', there has been "a steady increase in the use of the [Advisory Guidelines] exceptions, better every year, and a growing body of case law applying them, including appellate level decisions".		If adjusting support within the ranges doesn't work and if restructuring support doesn't work, chapter 12 of the Advisory Guidelines contains exceptions, which are recognized categories of departure from the formula outcomes that have been included in the Advisory Guidelines so that parties can accommodate their special circumstances. According to a 2016 update from Professors Rogerson and Thompson, in ''[https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/p12.html Spousal Support Advisory Guidelines: The Revised User's Guide]'', there has been "a steady increase in the use of the [Advisory Guidelines] exceptions, better every year, and a growing body of case law applying them, including appellate level decisions".

	===Greater need for compensation===		===Greater need for compensation===

Nate Russell: /* Exceptions to the Advisory Guidelines formulas */

2019-07-17T00:20:14Z

Exceptions to the Advisory Guidelines formulas

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	==Exceptions to the Advisory Guidelines formulas==		==Exceptions to the Advisory Guidelines formulas==

	If adjusting support within the ranges doesn't work and if restructuring support doesn't work, the Advisory Guidelines ~~allows parties to depart~~ from the ~~numbers produced by~~ the ~~formulas to~~ accommodate their special circumstances. The ~~authors~~ of the Advisory Guidelines ~~are clear that these~~ exceptions ~~are to be treated as~~ a ~~last resort~~.		If adjusting support within the ranges doesn't work and if restructuring support doesn't work, chapter 12 of the Advisory Guidelines contains exceptions, which are recognized categories of departure from the formula outcomes that have been included in the Advisory Guidelines so that parties can accommodate their special circumstances. According to a 2016 update from Professors Rogerson and Thompson, in ''[https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/p12.html#sec12n Spousal Support Advisory Guidelines: The Revised User's Guide]'', there has been "a steady increase in the use of the [Advisory Guidelines] exceptions, better every year, and a growing body of case law applying them, including appellate level decisions".

	===Greater need for compensation===		===Greater need for compensation===

Nate Russell: /* Restructuring the results of the Advisory Guidelines formulas */

2019-07-16T23:27:50Z

Restructuring the results of the Advisory Guidelines formulas

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	*pay the total amount payable over the period of the award in a single lump sum.		*pay the total amount payable over the period of the award in a single lump sum.

	The point of each option is that the total amount payable under the formula results stays the same. The total amount is just paid sooner or later ~~than the results for duration would normally require~~.		The point of each option is that the total amount payable under the formula results stays the same. The total amount is just paid sooner or later.

	Restructuring will not work if the length of time support is to be paid for is indefinite. In cases like this, the best option is probably to build in a review date, a date on which the recipient's entitlement to receive spousal support will be checked.		Restructuring will not work if the length of time support is to be paid for is indefinite. In cases like this, the best option is probably to build in a review date, a date on which the recipient's entitlement to receive spousal support will be checked.

Nate Russell: /* The main With Child Support formula */

2019-07-16T23:23:00Z

The main With Child Support formula

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	===The main ''With Child Support'' formula===		===The main ''With Child Support'' formula===

	This formula is a lot more complex. In ~~this formula~~, child support is taken out of the payor's gross income and the recipient's income, taxes are taken into account, and government benefits are added to the recipient's income. The reason why child support is deducted from the recipient's income is to reflect the <span class="noglossary">costs</span> that parents bear in raising the children.		This formula is a lot more complex. In the With Child Support Formula, child support is taken out of the payor's gross income and the recipient's income, taxes are taken into account, and government benefits are added to the recipient's income. The reason why child support is deducted from the recipient's income is to reflect the <span class="noglossary">costs</span> that parents bear in raising the children.

	~~<blockquote>~~The ''amount'' of support is 40 to 46% of the payor's individual net disposable income plus the recipient's net disposable income.~~</blockquote>~~		'''Amount:''' The ''amount'' of support is 40 to 46% of the payor's individual net disposable income plus the recipient's net disposable income.
	<blockquote>The ''payor's net disposable income'' is their gross income, minus taxes and minus their child support obligation, including the tax credits they receive as a result of paying spousal support.</blockquote>
	<blockquote>The ''recipient's net disposable income'' is their gross income, minus taxes and minus their notional child support obligation, plus any government benefits they receive, less the taxes payable as a result of receiving spousal support.</blockquote>

	~~<blockquote><blockquote>Say the parties have an 8 year old child, the payor has a gross income of $50,000 and the recipient has an income of $20,000.~~ The payor's net disposable income is ~~$26,710 ($50,000 minus taxes of $15,570, minus annual child support of $5,112, minus EI deductions of $772, minus CPP deductions of $1,831). The recipient's net disposable~~ income ~~is $15,045 ($20~~,~~000~~ minus taxes ~~of $4,410,~~ minus ~~notional~~ child support ~~of $2~~,~~052, minus EI deductions of $396, minus CPP deductions of $816, plus child~~ tax ~~benefit~~ of ~~$1,208, plus national child benefit of $1,511)~~.~~</blockquote></blockquote>~~		The ''payor's net disposable income'' is their gross income, minus taxes and minus their child support obligation, including the tax credits they receive as a result of paying spousal support.

	~~<blockquote><blockquote>~~The ~~family~~'~~s net disposable income is $41,755 ($26,710 plus $15,045). 40 percent of the net disposable income is $16,702; 46 percent of the income is $19,207. After deducting the~~ recipient's net disposable income~~, the difference between the recipient~~'~~s income and 40 percent of the family~~'~~s disposable~~ income ~~is $1~~,~~657 per year~~, ~~and $4~~,~~162 for 46 percent~~.~~''</blockquote></blockquote>~~		The ''recipient's net disposable income'' is their gross income, minus taxes and minus their notional child support obligation, plus any government benefits they receive, less the taxes payable as a result of receiving spousal support.

	<blockquote><blockquote>On a monthly basis, spousal support would be between $138 and $346. The total the payor would pay each month would be spousal support plus $426 in child support.</blockquote>~~</blockquote>~~		<blockquote>''Example:'' Say the parties have an 8 year old child, the payor has a gross income of $50,000 and the recipient has an income of $20,000. The payor's net disposable income is $26,710 ($50,000 minus taxes of $15,570, minus annual child support of $5,112, minus EI deductions of $772, minus CPP deductions of $1,831). The recipient's net disposable income is $15,045 ($20,000 minus taxes of $4,410, minus notional child support of $2,052, minus EI deductions of $396, minus CPP deductions of $816, plus child tax benefit of $1,208, plus national child benefit of $1,511).</blockquote>
	~~<blockquote>~~The ''length of time'' for which support will be paid ranges from the longest of two formulas used to determine the low end of the range to the longest of two formulas used to determine the high end of the range. If a couple have been together for more than 20 years, or if the age of the dependant party plus the number of years of the relationship equals 65, support will be paid indefinitely.~~</blockquote>~~
	~~<blockquote>~~The ''low range'' formulas for duration are:~~</blockquote>~~		<blockquote>The family's net disposable income is $41,755 ($26,710 plus $15,045). 40 percent of the net disposable income is $16,702; 46 percent of the income is $19,207. After deducting the recipient's net disposable income, the difference between the recipient's income and 40 percent of the family's disposable income is $1,657 per year, and $4,162 for 46 percent.''</blockquote>
	~~<blockquote>~~<blockquote>1) 0.5 years for each year of the relationship~~</blockquote>~~</blockquote>
	~~<blockquote>~~<blockquote>2) the length of time remaining until the youngest child starts full-time school~~</blockquote>~~</blockquote>		<blockquote>On a monthly basis, spousal support would be between $138 and $346. The total the payor would pay each month would be spousal support plus $426 in child support.</blockquote>
	~~<blockquote>~~The ''high range'' formulas for duration are:~~</blockquote>~~
	~~<blockquote>~~<blockquote>1) 1 year for each year of the relationship~~</blockquote>~~</blockquote>		'''Duration:''' The ''length of time'' for which support will be paid ranges from the longest of two formulas used to determine the low end of the range to the longest of two formulas used to determine the high end of the range. If a couple have been together for more than 20 years, or if the age of the dependant party plus the number of years of the relationship equals 65, support will be paid indefinitely.
	~~<blockquote>~~<blockquote>2) the length of time remaining until the youngest child finishes full-time school~~</blockquote>~~</blockquote>
			The ''low range'' formulas for duration are:
			<blockquote>1) 0.5 years for each year of the relationship</blockquote>
			<blockquote>2) the length of time remaining until the youngest child starts full-time school</blockquote>
			The ''high range'' formulas for duration are:
			<blockquote>1) 1 year for each year of the relationship</blockquote>
			<blockquote>2) the length of time remaining until the youngest child finishes full-time school</blockquote>

	I told you it was complex. To quote Professor Thompson, "this is not a calculation you can do on the back of an envelope, you will need a computer program." This formula requires a detailed understanding of how income is determined under the Advisory Guidelines and of the various government benefits, tax deductions, and tax credits that can apply to adjust net income.		I told you it was complex. To quote Professor Thompson, "this is not a calculation you can do on the back of an envelope, you will need a computer program." This formula requires a detailed understanding of how income is determined under the Advisory Guidelines and of the various government benefits, tax deductions, and tax credits that can apply to adjust net income.

Nate Russell: /* The Without Child Support formula */

2019-07-16T23:13:25Z

The Without Child Support formula

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	'''Amount:''' The ''amount'' of support is 1.5 to 2 percent of the difference between the parties' gross incomes for each year of marriage.		'''Amount:''' The ''amount'' of support is 1.5 to 2 percent of the difference between the parties' gross incomes for each year of marriage.
	<blockquote>'''Example:''' Say a relationship is 10 years long, and Party A has a gross income of $50,000 and Party B has an income of $20,000. The difference between the parties' incomes is $30,000. Party B would have a share in the difference of 15 to 20 percent (1.5 times 10 and 2 times 10), or between $4,500 and $6,000 per year. On a monthly basis, support would be paid at $375 to $500.</blockquote>		<blockquote>''Example:'' Say a relationship is 10 years long, and Party A has a gross income of $50,000 and Party B has an income of $20,000. The difference between the parties' incomes is $30,000. Party B would have a share in the difference of 15 to 20 percent (1.5 times 10 and 2 times 10), or between $4,500 and $6,000 per year. On a monthly basis, support would be paid at $375 to $500.</blockquote>

	'''~~duration~~:''' The ''length of time'' support will be paid is 0.5 to 1 year for each year of the relationship. If a couple have been together for more than 20 years, or if the age of the dependant party plus the number of years of the relationship equals 65, support will be paid indefinitely.		'''Duration:''' The ''length of time'' support will be paid is 0.5 to 1 year for each year of the relationship. If a couple have been together for more than 20 years, or if the age of the dependant party plus the number of years of the relationship equals 65, support will be paid indefinitely.
	<blockquote>'''Example:''' Using the same example, support would be payable for 5 to 10 years (0.5 times 10 and 1 times 10). If, however, the dependent party was 55 at the time of separation, support would be paid indefinitely (55 years of age plus 10 years equals 65).</blockquote>		<blockquote>''Example:'' Using the same example, support would be payable for 5 to 10 years (0.5 times 10 and 1 times 10). If, however, the dependent party was 55 at the time of separation, support would be paid indefinitely (55 years of age plus 10 years equals 65).</blockquote>

	The maximum amount payable under the Without Child Support Formula ranges from 37.5% of the difference between the parties' gross incomes to 50% of the difference between the parties' net incomes (calculated after taxes and benefits).		The maximum amount payable under the Without Child Support Formula ranges from 37.5% of the difference between the parties' gross incomes to 50% of the difference between the parties' net incomes (calculated after taxes and benefits).

Nate Russell: /* The Without Child Support formula */

2019-07-16T23:12:56Z

The Without Child Support formula

← Older revision		Revision as of 23:12, 16 July 2019
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	===The ''Without Child Support'' formula===		===The ''Without Child Support'' formula===

	The Without Child Support Formula is fairly straightforward:		The Without Child Support Formula is fairly straightforward.

	~~<blockquote>~~The ''amount'' of support is 1.5 to 2 percent of the difference between the parties' gross incomes for each year of marriage.~~</blockquote>~~		'''Amount:''' The ''amount'' of support is 1.5 to 2 percent of the difference between the parties' gross incomes for each year of marriage.
	<blockquote>~~<blockquote>For example, say~~ a relationship is 10 years long, and Party A has a gross income of $50,000 and Party B has an income of $20,000. The difference between the parties' incomes is $30,000. Party B would have a share in the difference of 15 to 20 percent (1.5 times 10 and 2 times 10), or between $4,500 and $6,000 per year. On a monthly basis, support would be paid at $375 to $500.~~</blockquote>~~</blockquote>		<blockquote>'''Example:''' Say a relationship is 10 years long, and Party A has a gross income of $50,000 and Party B has an income of $20,000. The difference between the parties' incomes is $30,000. Party B would have a share in the difference of 15 to 20 percent (1.5 times 10 and 2 times 10), or between $4,500 and $6,000 per year. On a monthly basis, support would be paid at $375 to $500.</blockquote>

	~~<blockquote>~~''The length of time'' support will be paid is 0.5 to 1 year for each year of the relationship. If a couple have been together for more than 20 years, or if the age of the dependant party plus the number of years of the relationship equals 65, support will be paid indefinitely.~~</blockquote>~~		'''duration:''' The ''length of time'' support will be paid is 0.5 to 1 year for each year of the relationship. If a couple have been together for more than 20 years, or if the age of the dependant party plus the number of years of the relationship equals 65, support will be paid indefinitely.
			<blockquote>'''Example:''' Using the same example, support would be payable for 5 to 10 years (0.5 times 10 and 1 times 10). If, however, the dependent party was 55 at the time of separation, support would be paid indefinitely (55 years of age plus 10 years equals 65).</blockquote>
	<blockquote>~~<blockquote>~~Using the same example, support would be payable for 5 to 10 years (0.5 times 10 and 1 times 10). If, however, the dependent party was 55 at the time of separation, support would be paid indefinitely (55 years of age plus 10 years equals 65).~~</blockquote>~~</blockquote>

	The maximum amount payable under the Without Child Support Formula ranges from 37.5% of the difference between the parties' gross incomes to 50% of the difference between the parties' net incomes (calculated after taxes and benefits).		The maximum amount payable under the Without Child Support Formula ranges from 37.5% of the difference between the parties' gross incomes to 50% of the difference between the parties' net incomes (calculated after taxes and benefits).