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Difference between revisions of "The Spousal Support Advisory Guidelines"
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The Spousal Support Advisory Guidelines (view source)
Revision as of 21:06, 17 March 2013
, 21:06, 17 March 2013→Restructuring the Advisory Guidelines Results
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==Restructuring the Advisory Guidelines Results== | ==Restructuring the Advisory Guidelines Results== | ||
The Advisory Guidelines | The Advisory Guidelines includes a few ways to accommodate circumstances that might make the formulas' results unfair to the people involved. The Advisory Guidelines requires that the parties first attempt to use the ranges to solve the problem, but allows for the results to be ''restructured'' if adjustments within the ranges fail to solve the problem. | ||
There are three ways the results can be restructured: | There are three ways the results can be restructured: | ||
pay more spousal support each month, but for a shorter period of time; | #pay more spousal support each month, but for a shorter period of time; | ||
pay less each month, but pay for a longer period of time; or, | #pay less each month, but pay for a longer period of time; or, | ||
pay the total amount payable over the period of the award in a single lump-sum. | #pay the total amount payable over the period of the award in a single lump-sum. | ||
The point of each option is that the total amount payable under the formula results stays the same. The total amount is just paid sooner or later than the results for duration would normally require. | The point of each option is that the total amount payable under the formula results stays the same. The total amount is just paid sooner or later than the results for duration would normally require. | ||
Restructuring will not work if the length of time support is to be paid for is indefinite. In cases like this, the best option is probably to build in a review date, a date on which the recipient's entitlement to receive spousal support will be checked. | |||
==Exceptions to the Advisory Guidelines Formulas== | |||
If adjusting support within the ranges doesn't work and if restructuring support doesn't work, the Advisory Guidelines allows parties to depart from the numbers produced by the formulas to accommodate their special circumstances. The authors of the Advisory Guidelines are clear that these exceptions are to be treated as a last resort. | |||
===Greater Need for Compensation=== | |||
In shorter marriages, the results produced by the formulas might not reflect a recipient's right to be compensated for a sacrifice made in the course of the marriage. Circumstances that might fall into this exception would include: giving up a job to be with the payor; or, moving across the country to be with the payor and losing a job or a business. | In shorter marriages, the results produced by the formulas might not reflect a recipient's right to be compensated for a sacrifice made in the course of the marriage. Circumstances that might fall into this exception would include: giving up a job to be with the payor; or, moving across the country to be with the payor and losing a job or a business. | ||
Under this exception, the results produced by the formulas for amount and duration will not apply. | Under this exception, the results produced by the formulas for amount and duration will not apply. | ||
===Illness=== | |||
The length of time the formulas require support to be paid may not be adequate for a recipient who is ill or disabled, or otherwise unable to become self-sufficient. | The length of time the formulas require support to be paid may not be adequate for a recipient who is ill or disabled, or otherwise unable to become self-sufficient. | ||
Under this exception, the results produced by the formula for duration will not apply. | Under this exception, the results produced by the formula for duration will not apply. | ||
===Payment of Family Debts=== | |||
A payor who winds up being responsible to pay for debts incurred during the marriage may not be able to meet the payments required by the formula for amount. This will particularly be the case for families whose debts exceed their assets. | A payor who winds up being responsible to pay for debts incurred during the marriage may not be able to meet the payments required by the formula for amount. This will particularly be the case for families whose debts exceed their assets. | ||
Under this exception, the results produced by the formula for amount will not apply. | Under this exception, the results produced by the formula for amount will not apply. | ||
===Other Support Obligations=== | |||
In cases where a payor has an obligation to provide support to other people, such as prior spouses or children from previous relationships, the payor may not be able to pay spousal support at the amount required by the formula. | In cases where a payor has an obligation to provide support to other people, such as prior spouses or children from previous relationships, the payor may not be able to pay spousal support at the amount required by the formula. | ||
Under this exception, the payor's income is adjusted to deduct the amount of support paid as a result of the previous relationship before calculating the amount spousal support to be paid for the present relationship. | Under this exception, the payor's income is adjusted to deduct the amount of support paid as a result of the previous relationship before calculating the amount spousal support to be paid for the present relationship. | ||
===Other Exceptions=== | |||
The Advisory Guidelines allows still other exceptions from the formulas to address situations where a child has special needs which result in the parents having greater expenses than other parents, where a relationship was very short but resulted in significant economic loss to the recipient, like the loss of a career opportunity or an expensive move, where payment of support within the ranges for amount is not sufficient to meet the recipient's needs, and where the payor's income is not taxed. | The Advisory Guidelines allows still other exceptions from the formulas to address situations where a child has special needs which result in the parents having greater expenses than other parents, where a relationship was very short but resulted in significant economic loss to the recipient, like the loss of a career opportunity or an expensive move, where payment of support within the ranges for amount is not sufficient to meet the recipient's needs, and where the payor's income is not taxed. | ||