Child and Spousal Suppport

SUPPORT FOR CHILDREN AND SPOUSES

In short marriages with amicable divorces, you may be able to divide your property and go your separate ways, heading to a new stage in your life without further contact. For relationships that have produced children, you will need to decide issues of Child or Spousal Support.

Support is not meant as a punishment, but it does mean that the relationship between you and your ex-spouse must continue beyond your separation. It’s in everybody’s best interest to decide Support in a way that is fair and reasonable.

Our Lawyers can help you resolve issues relating to Child and Spousal Support.

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Child Support

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Child Support is intended for the benefit of the children. You cannot opt out of it on your child’s behalf, and you cannot refuse to pay it. It is set by the Child Support Guidelines.

Although Child Support can be complex, our Lawyers can help you settle any complications that may arise, particularly when:

  • The paying parent has unusually high or low income, is self-employed, or income that is seasonal or difficult to predict
  • The children have special needs, such as child care, disabilities, medical expenses, post-secondary education or other extraordinary expenses
  • The children reside with both parents

Spousal Support

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Spousal Support is not automatic. In appropriate circumstances, it is possible to contract out of Spousal Support.

Support is sometimes not considered a lifelong obligation or entitlement. It is intended as a way for the lower-earning spouse to get back on his or her feet, particularly if he or she made sacrifices such as deferring income or employment to raise a family or to encourage the higher-earning spouse’s career.

There are suggested guidelines for Spousal Support that take into account the length of your marriage and your relative incomes. Courts often give deference to them. The amount determined in your case may be strongly influenced by factors such as each partner’s employment history and income before the marriage, as well as his or her role during the marriage.

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