At the end of a relationship, the spouse with less income may make a support claim from the other, which is in addition to a property settlement. This additional support payment is referred to as “spousal support” in Canada.1 The Divorce Act2, sections 15(2-4) sets out the factors and objectives for an order for spousal support:
Factors – In making an order under subsection (1) or an interim order under subsection (2), the court shall take into consideration the condition, means, needs and other circumstances of each spouse, including:...
In Canada, the Federal Child Support Guidelines (“Guidelines”) lay out a framework for the determination of child support. The total child support owing, pursuant to ss. 3 and 4 of the Guidelines includes:
child support in accordance with the applicable table; and
an amount, if any, for any special and extraordinary expenses under s. 7
The Guidelines require specific income information from a payor so that child support may be determined pursuant to set tables. The tables determine child support according to a person’s income and the number of children that they have. ...
Even if you’ve never been through a family law dispute before, you’ve probably heard of child support or spousal support (also known as “alimony”). To determine what someone will owe for support, we must first determine that spouse’s income. This is often easier said than done. For some payors, it could be a straightforward exercise. We simply refer to gross “Total income” on their tax return.1 If a payor is an employee with an arms’ length employer, and there is no opportunity to reduce or defer income, or write off unnecessary expenses, it can be very quick and easy to determine that person’s income by looking at their tax return....
Family lawyers will ask in a first consultation whether a client has parenting concerns because parenting disputes often take priority. Parenting disputes are not always a 5-alarm fire type situation, but sometimes they are and action must be taken immediately. In some cases, we must schedule an urgent conference or motion to deal with pressing parenting issues immediately, but in many other cases, we negotiate a parenting plan or refer clients to mediation. We need to know as early as possible if the children’s issues need to be addressed so we can take steps to alleviate difficulties in the short and longer term....
