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

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Spousal and Child Support (3:X) (view source)

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==== b) Factors considered ====
==== b) Factors considered ====


While the underlying principles may be the same, the ''DA'' (and new ''FLA'' that mirrors it) and the ''FRA'' differ slightly in the factors they direct the courts to consider. Section 15.2 of the ''Divorce Act'' directs courts to consider the condition, means, need and other circumstances of each spouse, including:
Section 15.2(6) of the DA and section 161 of the FLA directs courts to consider the following  objectives in determining entitlement to spousal support:
#the length of time the spouses cohabited;
#the functions performed by each spouse during cohabitation; and
#any order, agreement or arrangement relating to support of either spouse.


The provisions in the new ''FLA'' mirror those in the ''DA''.
* To recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship;
* to apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child;
* to relieve any economic hardship of the spouses arising from the care of the child, beyond the duty to provide support for the child; and
* as far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.


Sections 161 and 162 of the ''FLA'' refer to the objectives to and the determination of spousal support.
Section 15.2(4) of the Divorce Act and section 162 of the FLA directs courts to consider the same factors in determining the amount and duration of spousal support, namely, the conditions, means, needs and other circumstances of each spouse, including:


In determining entitlement to spousal support, s 161 of the ''FLA'' states that the parties to an agreement or the Court must consider the following objectives:
* the length of time the spouses cohabited;
#To recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship.
* the functions performed by each spouse during cohabitation; and
#To apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child.
* any order, agreement or arrangement relating to support of either spouse.
#To relieve any economic hardship of the spouses arising from the care of the child, beyond the duty to provide support for the child.
#As far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.
 
In determining spousal support, s 162 of the ''FLA'' states that the amount and duration of spousal support must be determined on consideration of the conditions, means, needs and other circumstances of each spouse including:
#The length of time the spouses lived together.
#The functions performed by each spouse during the period they lived together.
#An agreement between the spouses relating to the support of either spouse.  


=== 3. Issues Related to Spousal Support ===
=== 3. Issues Related to Spousal Support ===
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