Child support is calculated based on Child Support Guidelines. The objective of the Guidelines is to establish a fair standard of support for children, standard that ensures that they continue to benefit from the financial means of both parents after separation.
Child support is determined based on the gross annual income of the payor parent and the number of children involved. There are exceptions to this and the Court will consider each case on its merits.
When the payor is self-employed, has variable income, or lives in a different jurisdiction the calculation of payor income can be challenging.
Need help? Contact me.
Spousal support is the financial support paid by one spouse to the other in recognition of the fact that during marriage or cohabitation spouses' finances are intertwined, one spouse becomes financially dependant on the other spouse, and it would be unfair at the end of the relationship to just pull the plug and say 'you are on your own financially'. Courts will look to a series of factors, for example the age of the parties, the length of the relationship, the economic advantages or disadvantages one of the spouses might have had throughout the relationship, the roles that parties took in the marriage (for example, one spouse stayed at home with the children and given up carrier opportunities).
However difficult as may be to digest, blame for breakdown of the marriage does not have any place of consideration in determining spousal support. Courts do not look at bad behaviour to determine whether or not spousal support is appropriate.
Both married spouses and cohabiting spouses can make a claim for spousal support. Also men or women can claim spousal support.
Spousal support orders are dependant on the existence of enough financial resources to cover child support and property. Courts must give priority to child support before awarding spousal support.
There are guidelines, software calculators, however they give only an estimate, a range of what spousal support could be. Contact me if you need legal advice and want to discuss the options you might have in regard to spousal support.
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