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Difference between revisions of "Family Law Act Basics"
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→The law about spousal support
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===When do claims for spousal support have to be made?=== | ===When do claims for spousal support have to be made?=== | ||
Under the '' | Under the ''Family Law Act'': | ||
*married spouses have to start a court proceeding for spousal support within two years of the date of their divorce or the annulment of their marriage, and | *married spouses have to start a court proceeding for spousal support within two years of the date of their divorce or the annulment of their marriage, and | ||
*unmarried spouses have to start a proceeding for spousal support within two years of the date they separated. | *unmarried spouses have to start a proceeding for spousal support within two years of the date they separated. | ||
Remember that there are no limits to when married spouses can ask for spousal support under the '' | Remember that there are no limits to when married spouses can ask for spousal support under the ''Divorce Act''. | ||
It's important to know that under s. 198(5), the two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator. | It's important to know that under s. 198(5), the two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator. | ||
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===How are the amount and duration of spousal support calculated?=== | ===How are the amount and duration of spousal support calculated?=== | ||
When a spouse is entitled to receive spousal support, the amount to be paid and the length of time support should be paid for, called ''duration'', is determined based on factors taken from the '' | When a spouse is entitled to receive spousal support, the amount to be paid and the length of time support should be paid for, called ''duration'', is determined based on factors taken from the ''Divorce Act'', set out at s. 162 of the ''Family Law Act''. | ||
The amount of spousal support to be paid and the duration that it should be paid for is often determined using the [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/index.html Spousal Support Advisory Guidelines]. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The '' | The amount of spousal support to be paid and the duration that it should be paid for is often determined using the [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/index.html Spousal Support Advisory Guidelines]. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The ''Family Law Act'' does not mention the Advisory Guidelines. However, the Advisory Guidelines can be very helpful to figure out how much should be paid and how long it should be paid for. | ||
More information about spousal support is available in the [[Spousal Support]] chapter and the section on the [[The_Spousal_Support_Advisory_Guidelines|Advisory Guidelines]]. | More information about spousal support is available in the [[Spousal Support]] chapter and the section on the [[The_Spousal_Support_Advisory_Guidelines|Advisory Guidelines]]. | ||
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===Is a spouse’s conduct taken into account?=== | ===Is a spouse’s conduct taken into account?=== | ||
Under the '' | Under the ''Divorce Act'', the court is not allowed to consider a spouse’s behaviour during the marriage when making an order about spousal support. The same thing is generally true under the ''Family Law Act'', except that under this act the court can take into account misconduct that: | ||
*unreasonably prolongs a spouse’s need for support, or | *unreasonably prolongs a spouse’s need for support, or | ||
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Most of the time, spousal support is paid every month, usually on the first day of the month. If child support is also being paid, child support and spousal support payments can be staggered if that's fair to both parties. It is possible for spousal support to be paid in a single lump sum. Payors can be required to pay by giving the recipient a series of post-dated cheques. | Most of the time, spousal support is paid every month, usually on the first day of the month. If child support is also being paid, child support and spousal support payments can be staggered if that's fair to both parties. It is possible for spousal support to be paid in a single lump sum. Payors can be required to pay by giving the recipient a series of post-dated cheques. | ||
If a payor cannot pay both spousal support and child support, s. 173 of the ''Family Law Act'' requires the court to give priority to child support. | |||
===Are there tax consequences?=== | ===Are there tax consequences?=== | ||
