What factors do courts consider to determine spousal support eligibility?
- A spousal support lawyer in Calgary will represent your interests in court. The court considers the financial circumstances and needs of both parties, the duration of the marriage, the roles each spouse played during the relationship, and their current financial situations.
Who has to pay spousal support?
- If one spouse does not need financial support and the other can afford to pay it, a judge will order the higher-earning spouse to provide support to the lower-earning spouse, regardless of their gender.
Do I still have to pay spousal support even if my ex is cohabitating with someone?
- Sometimes. The judge will consider several factors, such as the roles performed in the relationship, the duration and stability of your ex’s new relationship, and any written agreements. Additional factors include the value of any benefit your ex receives from the new relationship, whether their new partner has a legal obligation to provide support, and the economic circumstances of the new partner (sometimes compared to your own, as the paying spouse).
What happens to my spousal support obligations if my ex passes away?
- The support will continue to be paid by your ex’s estate, but the estate trustee can request that the support payments be stopped. The judge may order the cessation of support payments depending on the circumstances.
- This is why it is advisable to require your spouse to obtain life insurance.
What happens if my spousal support lawyer in Calgary can prove that my spouse is hiding their income and assets during the divorce?
- If you and your spousal support lawyers can uncover hidden income, the court may attribute this income to your spouse when determining the spousal support amount.
How do I calculate spousal support?
- Most courts use the Spousal Support Advisory Guidelines to determine support amounts. These guidelines provide ranges that vary based on the duration of the relationship, the ages, and the incomes of both parties. Contact our office to learn where you fall within this range.
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The Legal Requirements
- Parents can request child support when their children are living with them and are dependents. Child support is considered the right of the children and is intended to cover expenses related to food, accommodations, and other necessities. There are two types of support payments: the table amount and special or extraordinary expenses.
- Table Amount
The first component of support is calculated using government-issued tables that consider the number of children, the province where the family resides, and the income of the person paying support. The income used to calculate support is the gross annual income, meaning the salary earned before income tax deductions. While most cases rely solely on the Table Amount, which covers clothing, food, and school supplies, there are rare, more complex cases that involve additional considerations. The Table Amount can be adjusted; for instance, a step-parent may pay less child support if another parent also contributes. - Special and Extraordinary Expenses
Beyond the Table Amount, parents must contribute to special or extraordinary expenses. These include child care, medical bills, reasonable expenses related to the child’s education, and university costs. Additionally, courts may allow parents to seek contributions from the other spouse for reasonable extracurricular activities.
Unified LLP: Leading Spousal Support Lawyers in Calgary
When common-law or married couples separate, it is often a challenging and emotional time. The complexities and nuances of the legal process can add to the difficulty.
That’s why having a family law lawyer on your side is crucial to help negotiate important considerations like the duration and amount of spousal support payments.
Whether you’ll be paying or receiving spousal support, it’s essential to work with a divorce lawyer in Calgary to secure the best possible arrangement for you and your family. Contact us today for a free consultation.
If you are going through a separation and have concerns about conflict in the home or stability for your children, exclusive possession may provide some relief. Contact Unified LLP for more information or if you need assistance with a separation or divorce. Press the button below or call us at 403-906-2351.
Spousal Support Lawyer Calgary FAQ
What is spousal support and who is entitled to it?
Spousal support is financial assistance provided by one spouse to the other following the breakdown of the marriage or a common law relationship. Under the Divorce Act and the Family Law Act, you may be entitled to spousal support if you were economically disadvantaged by the marriage or its breakdown, or if you need financial assistance arising from the care of any child from the relationship.
How is spousal support in Alberta determined?
Courts consider various factors when awarding spousal support, including the length of the marriage or common law relationship, the roles each spouse played during the marriage, and the economic advantages or disadvantages arising from the marriage. The court aims to relieve any economic hardship that one spouse may face due to the breakdown of the marriage. At Unified, we have extensive experience with relevant Alberta Family Law. Reach out to our spousal support lawyer team if you are in need of support and legal counsel.
What are spousal support orders?
Spousal support orders are legal directives issued by the court that specify the amounts and duration of spousal support payments. These orders take into account the economic needs and circumstances of both parties and are designed to recognize any economic advantages one spouse may have gained from the marriage and compensate for any disadvantages.
How do I apply for spousal support?
To apply for spousal support, you must file a claim through the court, detailing your financial situation and the reasons you believe you are entitled to support. Your family law lawyer can assist you with this process, ensuring that your application addresses all necessary legal considerations.
How long will I receive spousal support payments?
The duration of spousal support payments can vary depending on several factors, including the length of the marriage or common law relationship, the age and health of both parties, and any economic disadvantages arising from the care of any child. Courts will set spousal support orders for a period of time that they deem fair and necessary to support the disadvantaged spouse.
Can spousal support amounts change over time?
Yes, spousal support amounts and durations can be modified if there are significant changes in the circumstances of either party. This could include changes in income, employment status, or financial needs arising from the care of any child.
What should I do if my spouse is not paying the awarded spousal support?
If your spouse is not complying with the spousal support award, you can seek enforcement through the court. The Family Law Act provides mechanisms to ensure that spousal support orders are followed, including garnishment of wages or other legal actions.
Can I receive spousal support if I was in a common law relationship?
Yes, individuals in a common law relationship may also be entitled to spousal support. The criteria for awarding spousal support in common law relationships are similar to those for marriages, focusing on the economic advantages and disadvantages arising from the relationship and the care of any child.
How does the court decide the amount and duration of spousal support?
The court considers a range of factors, including the length of the marriage, the roles each spouse played, the economic advantages or disadvantages arising from the marriage, and the needs arising from the care of any child. The goal is to ensure that both parties can maintain a reasonable standard of living post-separation.
Where can I get more information or assistance with spousal support issues?
For more information or assistance with spousal support issues, contact Unified LLP. Our experienced family law lawyers can help you navigate the complexities of the Divorce Act and the Family Law Act, ensuring you receive a fair spousal support award. Fill out our contact form or call us at [phone number] for a free consultation.
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We maintain physical offices in both Alberta and Ontario. Our team can provide legal representation as your:
For specific queries and personalized legal assistance, contacting a spousal support lawyer at Unified LLP is recommended.
