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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 18:51, 2 April 2013
, 18:51, 2 April 2013no edit summary
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*when all of the children for whom support is being paid are older than the age of majority. | *when all of the children for whom support is being paid are older than the age of majority. | ||
===The Without Child Support | ===The ''Without Child Support'' formula=== | ||
The Without Child Support Formula is fairly straightforward: | The Without Child Support Formula is fairly straightforward: | ||
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*the recipient's age. | *the recipient's age. | ||
===The main With Child Support formula=== | ===The main ''With Child Support'' formula=== | ||
This formula is a lot more complex. In this formula, child support is taken out of the payor's gross income and the recipient's income, taxes are taken into account, and government benefits are added to the recipient's income. The reason why child support is deducted from the recipient's income is to reflect the costs that | This formula is a lot more complex. In this formula, child support is taken out of the payor's gross income and the recipient's income, taxes are taken into account, and government benefits are added to the recipient's income. The reason why child support is deducted from the recipient's income is to reflect the costs that parents bears in raising the children. | ||
<blockquote>The '''amount''' of support is 40 to 46% of the payor's individual net disposable income plus the recipient's net disposable income.</blockquote> | <blockquote>The '''amount''' of support is 40 to 46% of the payor's individual net disposable income plus the recipient's net disposable income.</blockquote> | ||
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#the number of years until the youngest child starts and leaves full-time school. | #the number of years until the youngest child starts and leaves full-time school. | ||
===The | ===The other ''With Child Support'' formulas=== | ||
The Advisory Guidelines describe a few other formulas that apply when: | The Advisory Guidelines describe a few other formulas that apply when: | ||
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These formulas use modified or hybrid versions of the Without Child Support and main With Child Support formulas. | These formulas use modified or hybrid versions of the Without Child Support and main With Child Support formulas. | ||
==Restructuring the results of the Advisory Guidelines | ==Restructuring the results of the Advisory Guidelines formulas== | ||
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. | 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. | ||
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If you think your situation falls into one of these exceptions, or one of the exceptions discussed above, you should seriously consider hiring a lawyer for advice about your situation and how the Advisory Guidelines may apply. | If you think your situation falls into one of these exceptions, or one of the exceptions discussed above, you should seriously consider hiring a lawyer for advice about your situation and how the Advisory Guidelines may apply. | ||
<!---HIDDEN | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||
* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | * <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | ||
END HIDDEN---> | |||
==Page | ==Page resources, documents and links== | ||
===Legislation=== | ===Legislation=== | ||
* | * ''[[Family Law Act]]'' | ||
* ''[[Divorce Act]]'' | |||
===Documents=== | ===Documents=== | ||
* | * [http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/g-ld/spag/index.html Spousal Support Advisory Guidelines] | ||
* [http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/g-ld/spag/s-p/index.html Spousal Support Advisory Guidelines: Report on Revisions] | |||
* ''[http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/calc/pdf/orrssagc.pdf Obtaining Reliable and Repeatable SSAG Calculations]'', by JP Boyd | |||
===Links=== | ===Links=== | ||
* | * [http://mysupportcalculator.ca DivorceMate’s free basic spousal support calculator] | ||
* | * [http://www.maximuscanada.ca/ MAXIMUS Canada] | ||
* [http://clicklaw.bc.ca/resource/1641 Legal Services Society's Family Law Website: Spousal support] | |||
* [http://clicklaw.bc.ca/resource/1239 Canadian Bar Association BC Branch: Script on spousal support] | |||
* [http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/index.html Department of Justice: About spousal support] | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||