What courts take into consideration to determine eligibility of spousal support?
- The financial means and needs of both spouses, the length of the marriage, the roles of each spouse during their relationship, and current financial positions.
Who has to pay spousal support?
- The spouse who doesn’t need financial support and the one who can afford to pay spousal support, a judge will order the higher-earning spouse to pay support to the lower-earning spouse, independent of their gender.
Do I still have to pay spousal support if my ex is living with someone?
- Sometimes. The judge will take in to consideration several facts. These include the roles performed in the relationship, the duration and stability of your Ex’s new relationship, and any written agreements. More factors include the value to your Ex of any benefit that he or she receives by reason of that new relationship, the existence of any legal obligation on the part of your Ex’s new partner to provide support, the economic circumstances of your Ex’s new partner (and this comparison will sometimes be made in relation to your own, as the paying spouse). Refer to Strifler v. Strifler, 2014 ONCJ 69, 2014 CarswellOnt 1559 (Ont. S.C.).
What happens to spousal support if my ex dies?
- The support will continue to be paid by the estate of you ex, but the estate trustee has the right to apply for the support to stop and the judge may order for support payment to stop, depending on the circumstances.
- This is why it is a good idea to require your spouse to obtain life insurance.
What happens if I can prove that my spouse is hiding his/her income and assets during the divorce?
- The court may impute income to your spouse for the purpose of calculating spousal support.
How do I calculate spousal support?
- The majority of courts base their calculations on the Spousal Support Advisory Guidelines. These are ranges of support amounts that change depending on the duration, age and income of the parties. Contact our office to find out where you fall in the range.
The Legal Requirements
- Parents can ask for child support when their children are living with them and are dependants. Support is considered the right of the children and it is meant to cover expenses related to food, accommodations and other necessities of the child. There are two types of support payments: the 1) table amount and 2) special or extraordinary expenses.
- Table Amount
The first component of support is calculated based on government issued tables that take into consideration the number of children, the province where the family resides and the income of the person paying the support. The income used to calculate support is the gross annual income, which means that we use the salary earned before paying income tax. There are more complex cases where the support is based on the Table and on other things, but these are rare. The Table Amount is meant to cover clothing, food, and school supplies. The table amount can be changed. For example, a step-parent may pay less child support if another parent also pays support.
- Special and Extraordinary Expenses
In addition to the Table Amount, parents have to contribute towards special or extraordinary expenses. These expenses include child-care, medical bills, reasonable expenses that are incurred to meet the child’s educational needs and university. Besides this expenses, the courts will allow parents to seek contribution from the other spouse for reasonable extra curricular activities.
- If you are going through a separation and have concerns with respect to conflict in the home, or stability for your children, exclusive possession may provide some relief. Contact Unified LLP for more information or if you require assistance with a separation or divorce. Fill out the request below or call us at 416-639-7651.