9,075
edits
Difference between revisions of "Basic Principles of Spousal Support"
Jump to navigation
Jump to search
m
Basic Principles of Spousal Support (view source)
Revision as of 19:03, 4 May 2013
, 19:03, 4 May 2013no edit summary
Drew Jackson (talk | contribs) m |
Drew Jackson (talk | contribs) m |
||
| Line 3: | Line 3: | ||
| resourcetype = more resources on<br/> | | resourcetype = more resources on<br/> | ||
| link = [http://clicklaw.bc.ca/global/search?k=spousal+support&f=Family+law Spousal Support] | | link = [http://clicklaw.bc.ca/global/search?k=spousal+support&f=Family+law Spousal Support] | ||
}} | }}Spousal support can be payable, or not payable, because of a family law agreement or because of a court order. When support can't be agreed on, married and formerly married spouses can apply for spousal support under the federal ''[[Divorce Act]]''. Although both married and unmarried spouses can apply for spousal support under the provincial ''[[Family Law Act]]'', there are special rules about how a couple qualify as spouses under that act and special rules about when claims for spousal support can be made. | ||
Spousal support can be payable, or not payable, because of a family law agreement or because of a court order. When support can't be agreed on, married and formerly married spouses can apply for spousal support under the federal ''[[Divorce Act]]''. Although both married and unmarried spouses can apply for spousal support under the provincial ''[[Family Law Act]]'', there are special rules about how a couple qualify as spouses under that act and special rules about when claims for spousal support can be made. | |||
This section provides an introduction to the basic principles of the law on spousal support, and explores how spousal support is awarded under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. | This section provides an introduction to the basic principles of the law on spousal support, and explores how spousal support is awarded under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. | ||
| Line 24: | Line 23: | ||
If the claim for spousal support is being made under the federal ''[[Divorce Act]]'', the parties must be or have been married, and the person asking for spousal support must have lived in the province in which the court proceeding is started for at least a year before the proceeding is started. | If the claim for spousal support is being made under the federal ''[[Divorce Act]]'', the parties must be or have been married, and the person asking for spousal support must have lived in the province in which the court proceeding is started for at least a year before the proceeding is started. | ||
The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 15.2(6) of the ''[[Divorce Act]]''. If a spouse is entitled to spousal support, the factors that the court will <span class="noglossary">review</span> to determine the amount of support and the length of time for which it should be paid are set out in s. 15.2(4). The [ | The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 15.2(6) of the ''[[Divorce Act]]''. If a spouse is entitled to spousal support, the factors that the court will <span class="noglossary">review</span> to determine the amount of support and the length of time for which it should be paid are set out in s. 15.2(4). The [[Spousal Support Advisory Guidelines]] may also be used to help decide how much support should be paid and for how long it should be paid. | ||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
| Line 158: | Line 157: | ||
==Calculating spousal support== | ==Calculating spousal support== | ||
It is difficult to predict how much spousal support will be paid in any given case. You can, however, get a rough idea by looking at each spouse's expenses and the disposable income available to each of them, especially the payor. You should also look at the Spousal Support Advisory Guidelines, which lawyers and the court routinely rely on to determine spousal support payments. This chapter discusses these in the section on [[The Spousal Support Advisory Guidelines]]. | It is difficult to predict how much spousal support will be paid in any given case. You can, however, get a rough idea by looking at each spouse's expenses and the disposable income available to each of them, especially the payor. You should also look at the Spousal Support Advisory Guidelines, which lawyers and the court routinely rely on to determine spousal support payments. This chapter discusses these in the section on the [[The Spousal Support Advisory Guidelines|Spousal Support Advisory Guidelines]]. | ||
In order to decide what should be paid, assuming of course that the recipient is entitled to receive support, it is critical that each party prepare a sworn financial statement where a court proceeding has started or not. You must use the Financial Statement (Form F8 in Supreme Court and Form 4 in Provincial Court). The financial statements set out each party's income and assets, expenses and liabilities. Exchanging sworn financial statements is an excellent starting point for figuring out the amount of support that ought to be paid. | In order to decide what should be paid, assuming of course that the recipient is entitled to receive support, it is critical that each party prepare a sworn financial statement where a court proceeding has started or not. You must use the Financial Statement (Form F8 in Supreme Court and Form 4 in Provincial Court). The financial statements set out each party's income and assets, expenses and liabilities. Exchanging sworn financial statements is an excellent starting point for figuring out the amount of support that ought to be paid. | ||
| Line 191: | Line 190: | ||
Assuming that the Advisory Guidelines will be used, you can visit DIVORCEmate's website for their free spousal support calculator, http://mysupportcalculator.ca. This calculator is very good for simple situations, but if there is anything complicated about your circumstances you may want to meet with a lawyer who has bought DIVORCEmate's expensive commercial software. The lawyer should be able to give you some fairly fine-tuned numbers. | Assuming that the Advisory Guidelines will be used, you can visit DIVORCEmate's website for their free spousal support calculator, http://mysupportcalculator.ca. This calculator is very good for simple situations, but if there is anything complicated about your circumstances you may want to meet with a lawyer who has bought DIVORCEmate's expensive commercial software. The lawyer should be able to give you some fairly fine-tuned numbers. | ||
This chapter's section on [[The Spousal Support Advisory Guidelines]] discusses the Advisory Guidelines formulas in a lot more detail. | This chapter's section on the [[The Spousal Support Advisory Guidelines|Spousal Support Advisory Guidelines]] discusses the Advisory Guidelines formulas in a lot more detail. | ||
==Orders and agreements on spousal support== | ==Orders and agreements on spousal support== | ||
| Line 330: | Line 329: | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
{{Creative Commons for JP Boyd}} | |||