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Difference between revisions of "Spousal Support Arrears"
From Clicklaw Wikibooks
→Arrears under the Divorce Act
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<blockquote><tt>(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.</tt></blockquote> | <blockquote><tt>(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.</tt></blockquote> | ||
<blockquote><tt>(7) A variation order varying a spousal support order should</tt></blockquote> | <blockquote><tt>(7) A variation order varying a spousal support order should</tt></blockquote> | ||
<blockquote><tt>(a) recognize any economic advantages or disadvantages to the former spouses arising from the marriage or its breakdown;</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) recognize any economic advantages or disadvantages to the former spouses arising from the marriage or its breakdown;</tt></blockquote></blockquote> | ||
<blockquote><tt>(b) apportion between the former spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) apportion between the former spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;</tt></blockquote></blockquote> | ||
<blockquote><tt>(c) relieve any economic hardship of the former spouses arising from the breakdown of the marriage; and</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) relieve any economic hardship of the former spouses arising from the breakdown of the marriage; and</tt></blockquote></blockquote> | ||
<blockquote><tt>(d) in so far as practicable, promote the economic self-sufficiency of each former spouse within a reasonable period of time.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(d) in so far as practicable, promote the economic self-sufficiency of each former spouse within a reasonable period of time.</tt></blockquote></blockquote> | ||
The ''Divorce Act'' does not deal expressly with arrears; applications under the act to reduce arrears are simply variation applications. The test the court will apply is similar to the test it applies for orders made under the ''Family Law Act''. | The ''Divorce Act'' does not deal expressly with arrears; applications under the act to reduce arrears are simply variation applications. The test the court will apply is similar to the test it applies for orders made under the ''Family Law Act''. | ||
