Family Law Act Basics: Difference between revisions
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→How are the amount and duration of spousal support calculated?
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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 section 162 of the ''Family Law Act''. | 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 section 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 | 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. The ''Family Law Act'' does not mention the Advisory Guidelines. However, decisions from the BC Court of Appeal have evolved to the point that the Advisory Guidelines must be considered and are all but mandatory in this province. Advisory Guidelines can be very helpful to figure out how much should be paid and how long it should be paid for. Lawyers and the courts now routinely use the Advisory Guidelines in making decisions about spousal support. | ||
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]]. | ||
