It’s no secret that spousal support is one of the more difficult issues in a separation, divorce or family law case.
A parent is entitled to get child support from the other parent if the children live with one parent most of the time.
However, you might also have to pay spousal support to your former spouse or you could be entitled to receive spousal support depending on the facts of your case. When you have been living with another spouse for a number of years, Ontario family law recognizes the contribution of the spouse with the lower income to the marriage or common-law relationship.
Ontario family law courts examine these factors to determine whether a spouse should get spousal support:
- Will spousal support help a spouse become financially sufficient through re-training or educational courses?
- Is spousal support required so that a spouse can maintain a reasonable standard of living comparable to the standard of living that the spouse had during the marriage or common-law relationship?
- Will a spouse suffer serious financial consequences as a result of the breakdown of the marriage by giving up a career or not pursuing promotions and other financial benefits to help the other spouse’s career or job?
The longer the marriage or relationship and the greater the difference in income between the spouses, the more likely you will have to pay spousal support to your former spouse.
The Ontario family court pays close attention to the Spousal Support Advisory Guidelines to determine the actual amount of spousal support payable in any particular case. These Guidelines produce a low, medium, and high figure for spousal support. This calculation also takes into account the amount of child support that must be paid in your case.
Another important issue is the length of time that you might have to pay spousal support. Your lawyer should carefully discuss this issue with you.
The Spousal Support Advisory Guidelines also provides a range for the length of time that a spouse should pay spousal support to the other spouse.
You should also remember that you must pay income tax on any spousal support that receive and that you get an income tax deduction when you pay spousal support to your former spouse.
Durham Region-Pickering Family Law and Divorce Lawyer
The truth of the matter is you need the help of an experienced family law and divorce lawyer to protect your legal rights on the important issue of spousal support in your case.
When you come to your initial consultation with Thomas O’Malley, you get the hard-won legal advice and details you want and need to protect your family law rights in your separation, divorce or family law case. Everyone who sets up a consultation with Mr. O’Malley enjoys the peace of mind that they have a skilled family law lawyer watching out for them.
There’s simply no substitute for his more than 23 years’ experience of protecting the family law rights of his clients both in and outside family court.
Contact Thomas O’Malley today at (905) 434-8837(905) 434-8837 to set up your initial consultation. Don’t put it off.