Difference between revisions of "Basic Principles of Spousal Support"

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Basic Principles of Spousal Support (view source)

Revision as of 18:53, 17 March 2013

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→‎The Objectives and Factors 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===


There are two remaining principles that you should know about:
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.


Section 15.3 of the Divorce Act states 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===
The fact that a recipient is on welfare and therefore has some measure of financial independence is not relevant to the recipient's application for spousal support. If a spouse has the ability to make payments to support the other spouse, that spouse should support to financially needy spouse, not the taxpayors.
A. Statutory Provisions
These are the primary sections of the Divorce Act dealing with spousal support.


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 "spouse"
*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: proceedings to change a support order
*s. 15.2: spousal support orders
Back to the top of this chapter.
*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==
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