Basic Principles of Spousal Support: Difference between revisions
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Basic Principles of Spousal Support (view source)
Revision as of 00:27, 18 April 2013
, 18 April 2013→Final orders and agreements: periodic payments
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===Final orders and agreements: periodic payments=== | ===Final orders and agreements: periodic payments=== | ||
Under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'', a court may make an order for spousal support for regular payments, called ''periodic payments'', to run for a fixed period of time (a ''definite'' term), or to run without a particular end date (an ''indefinite'' term). Whether an order requires that spousal support be paid for a definite or indefinite term will depend on the particular circumstances of each case. In general, however, the longer the relationship was and the older the parties are, the more likely it is that the court will | Under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'', a court may make an order for spousal support for regular payments, called ''periodic payments'', to run for a fixed period of time (a ''definite'' term), or to run without a particular end date (an ''indefinite'' term). Whether an order requires that spousal support be paid for a definite or indefinite term will depend on the particular circumstances of each case. In general, however, the longer the relationship was and the older the parties are, the more likely it is that the court will make an indefinite order for spousal support. | ||
====Indefinite obligations==== | ====Indefinite obligations==== | ||
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====Reviewable orders and agreements==== | ====Reviewable orders and agreements==== | ||
Under s. 168 of the ''[[Family Law Act]]'', an order or agreement | Under s. 168 of the ''[[Family Law Act]]'', an order or agreement that requires the payment of spousal support can be ''reviewable''. | ||
A reviewable order or agreement for spousal support is one that says that spousal support must be paid indefinitely but that the payor's obligation to pay support or the recipient's entitlement to receive it will be reviewed at a later date, called a ''review date''. A review date may be a particular day, usually not sooner than two years after the date of the agreement or order, or it may be triggered by a particular event such as: | |||
#the children leaving home, | #the children leaving home, | ||
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When the review date arrives, the obligation to pay spousal support does not automatically expire unless the order or agreement expressly says so. The obligation usually continues until the review finally takes place, whether the review is started by the recipient or the payor. | When the review date arrives, the obligation to pay spousal support does not automatically expire unless the order or agreement expressly says so. The obligation usually continues until the review finally takes place, whether the review is started by the recipient or the payor. | ||
At the review, either spouse may seek to cancel or extend the support obligation, or to reduce or increase the amount of spousal support paid. The review will usually be based on parties' financial circumstances at the time of the review, but can take into account other factors, like the recipient's health or the recipient's efforts to find employment. A reviewable order or agreement can specify how the review will be conducted, which might be by mediation, a collaborative settlement process or arbitration. Reviews don't have to happen in court. | At the review, either spouse may seek to cancel or extend the support obligation, or to reduce or increase the amount of spousal support paid. The review will usually be based on parties' financial circumstances at the time of the review, but can take into account other factors, like the recipient's health or the recipient's efforts to find employment. A reviewable order or agreement can specify how the review will be conducted, which might be by mediation, a collaborative settlement process, or arbitration. Reviews don't have to happen in court. | ||
====Definite-term obligations==== | ====Definite-term obligations==== | ||
Orders or agreements | Orders or agreements that provide that spousal support is to be paid for a specific period of time are usually made when it is clear that a dependant person has the ability to become self-sufficient within a fairly short amount of time or a payor's resources are plainly limited. | ||
Definite term orders and agreements for spousal support are often made where one or more of the following conditions apply to a relationship: | |||
#the recipient of support is in a new relationship and the new person's income is expected to contribute to the recipient's needs, | #the recipient of support is in a new relationship and the new person's income is expected to contribute to the recipient's needs, | ||