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Difference between revisions of "Basic Principles of Spousal Support"
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Basic Principles of Spousal Support (view source)
Revision as of 19:54, 26 June 2019
, 19:54, 26 June 2019→The objectives and factors of spousal support
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While termination dates are often subject to change, unless the recipient is of an advanced age, the relationship was extraordinarily long, or the recipient has a serious medical condition or some other factor that prevents them from becoming independent, there will likely be an end date to support payments. | While termination dates are often subject to change, unless the recipient is of an advanced age, the relationship was extraordinarily long, or the recipient has a serious medical condition or some other factor that prevents them from becoming independent, there will likely be an end date to support payments. | ||
Section 15.2(4) of the ''[[Divorce Act]]'' and s. 162 of the ''[[Family Law Act]]'' set out the factors for a spousal support order | Section 15.2(4) of the ''[[Divorce Act]]'' and s. 162 of the ''[[Family Law Act]]'' set out the factors for a spousal support order: | ||
<blockquote><tt>(a) the length of time the spouses cohabited;</tt></blockquote> | <blockquote><tt>(a) the length of time the spouses cohabited;</tt></blockquote> | ||
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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. | 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=== | ===Spousal support and child support=== | ||
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*s. 170: things that may be included in support orders | *s. 170: things that may be included in support orders | ||
*s. 171: support obligations after death (of payor) | *s. 171: support obligations after death (of payor) | ||
* | *ss. 172 and 173: spousal support and child support | ||
*s. 174: cancellation or reduction of arrears | *s. 174: cancellation or reduction of arrears | ||
*s. 198: time limits | *s. 198: time limits | ||