Spousal and Child Support (3:X): Difference between revisions

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==== b) Family Law Act [FLA] ====
==== b) Family Law Act [FLA] ====


The ''FLA'' aligns support considerations more closely with the ''DA'', permits periodic reviews to allow for changing circumstances, and provides guidelines for when a deceased spouse’s estate is obliged to continue payments. Considerations for posthumous support payments include  the size of the estate and the need of the payee (s 171). Additionally, child support is to be prioritized over spousal support where a paying spouse has limited resources. (s 173). The ''Spousal Support Advisory Guidelines'' are not referred to in the Act and remain advisory, although Courts in British Columbia give them much deference.
The ''FLA'' aligns support considerations with the ''DA'', permits periodic reviews to allow for changing circumstances, and provides guidelines for when a deceased spouse’s estate is obliged to continue payments. Considerations for posthumous support payments include  the size of the estate and the need of the payee (s 171). Additionally, child support is to be prioritized over spousal support where a paying spouse has limited resources. (s 173). The ''Spousal Support Advisory Guidelines'' are not referred to in the Act and remain advisory, although Courts in British Columbia give them much deference.


==== c) Spousal Support Advisory Guidelines ====
==== c) Spousal Support Advisory Guidelines ====