Difference between revisions of "Basic Principles of Spousal Support"
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<blockquote><tt>(c) an agreement between the spouses, or an order, relating to support of either spouse.</tt></blockquote> | <blockquote><tt>(c) an agreement between the spouses, or an order, relating to support of either spouse.</tt></blockquote> | ||
These factors help the court decide how much spousal support should be paid and for how long, but the court will consider facts about the spouses, their relationship and their circumstances in addition to these. | |||
===Spousal Support and Child Support=== | |||
Section 15.3 of the ''Divorce Act'' and s. 173 of the ''Family Law Act'' state that child support must take priority over an order for spousal support. When the payor cannot pay both spousal support and child support, the court is required to make an order for child support at the expense of an order for spousal support. Children come first. | |||
===Statutory Provisions=== | |||
s. 2: definitions | These are the primary sections of the ''Divorce Act'' dealing with spousal support. | ||
s. 4: jurisdiction to make spousal support orders | |||
s. 5: jurisdiction to change orders | *s. 2: definitions | ||
s. 15: definition of | *s. 4: jurisdiction to make spousal support orders | ||
s. 15.2: spousal support orders | *s. 5: jurisdiction to change orders | ||
s. 15.3: child support has priority over spousal support | *s. 15: definition of ''spouse'' | ||
s. 17: | *s. 15.2: spousal support orders | ||
*s. 15.3: child support has priority over spousal support | |||
*s. 17: varying support orders | |||
These are the primary sections of the ''Family Law Act'' dealing with spousal support. | |||
*s. 1: definitions | |||
*s. 3: spouses and relationships between spouses | |||
*s. 146: more definitions | |||
*s. 161: objectives of spousal support | |||
*s. 162: factors to determine the amount and duration of spousal support | |||
*s. 163: agreements about spousal support | |||
*s. 164: setting aside agreements about spousal support | |||
*s. 166: misconduct | |||
*s. 167: varying spousal support orders | |||
*s. 168: review of spousal support | |||
==Calculating Spousal Support== | ==Calculating Spousal Support== |