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Difference between revisions of "Spousal Support"
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→Amount of support payments
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Once a spouse has established that he or she is entitled to receive spousal support, the question becomes how much support the spouse ought to get. | Once a spouse has established that he or she is entitled to receive spousal support, the question becomes how much support the spouse ought to get. | ||
The amount of spousal support payments is now generally calculated using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines is an academic paper released by the federal Department of Justice which describes a number of mathematical formulas that calculate the amount of spousal support payments based on each person's income, the length of their relationship and the age of their children, and other factors. | |||
The amount of spousal support | The amount of spousal support is also calculated by looking at the disposable income of the payor and the reasonable needs of the recipient. If a payor has a gross income of, say, $2,000 per month, and of that money $1,500 is spent on taxes, child support, housing costs, utilities and other basic living expenses, the payor's disposable income will be $500 per month. Spousal support will usually be paid out of that remaining $500 per month if it's payable at all. Although spouses usually share in the financial consequences of the end of their relationship, the court will not force someone into bankruptcy to provide support for the other spouse, although there certainly are times when a support order will result in the payor racking up debt. | ||
Sometimes there is simply not enough money coming in to cover child support, the payor's day-to-day needs, and the day-to-day needs of the recipient. In cases like that, both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' require child support to take priority over spousal support, and the amount of spousal support paid simply may not suffice to cover the recipient's needs. | Sometimes there is simply not enough money coming in to cover child support, the payor's day-to-day needs, and the day-to-day needs of the recipient. In cases like that, both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' require child support to take priority over spousal support, and the amount of spousal support paid simply may not suffice to cover the recipient's needs. | ||