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Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500 (Post Separation Increases in a Payor’s Income)
Thus, some general principles guide and inform the court’s exercise of discretion on this issue. A spouse is not automatically entitled to increased spousal support when the other spouse’s post–separation income increases. The right to share in post-separation income increases typically does not arise in non-compensatory claims. However, compensatory support claims may provide a foundation for entitlement to share in post-separation income increases in certain circumstances.
Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500 (Retroactive Spousal Support Claims)
In the case of Kerr v. Baranow, the Supreme Court of Canada addressed the issue of retroactive spousal support, emphasizing the nuances that distinguish it from child support. The term "retroactive" in this context refers to a claim for support for periods predating the commencement of legal proceedings. The court referred to the Ontario Court of Appeal decision in MacKinnon v. MacKinnon, which established that the initiation of court proceedings for spousal support usually determines the commencement date for the support order, barring any specific reasons for a different date.
Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500 (Spousal Support Advisory Guidelines)
The SSAG were developed around two basic formulas, namely the Without Child Support formula, which applies when the recipient spouse is not receiving any child support, and the With Child Support formula, which comes into play when there are dependent children of the relationship who are eligible for child support.
Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500 (Spousal Support)
Sections 15.2(1) and (2) of the Divorce Act, the court has jurisdiction to make either an interim or final order requiring a spouse to pay such spousal support as the court considers reasonable. The determination of what is reasonable takes into account various factors such as the length of time the spouses cohabited, the functions performed by each spouse during cohabitation, and any order, agreement or arrangements relating to support of either spouse.
Spousal Support Agreements
Spousal support, a crucial aspect of divorce proceedings, can be a complex and contentious issue. It's often addressed through domestic contracts between spouses. However, the legal landscape surrounding these agreements can be difficult to navigate. Let's dive into an understanding of these agreements under two important pieces of legislation: The Divorce Act and The Family Law Act.
The Ancillary Terms of Spousal Support: What You Need to Know
When navigating the complexities of spousal support during a divorce or separation, it's crucial to be aware of the ancillary terms that may come into play. Defined under the Family Law Act (FLA) and the Divorce Act (DA), these terms can significantly impact the overall outcomes of a spousal support case. This blog post aims to shed light on some of these ancillary terms and explain their implications.
Entitlement to Spousal Support: Key Factors and Limitations
The process of divorce or separation often raises complex issues around spousal support. Understanding the legal principles that guide entitlement to spousal support is crucial for anyone navigating these challenges. In this blog post, we will explore those principles, focusing on the Divorce Act (DA) and the Family Law Act (FLA) of Canada, and discuss factors that can influence spousal support decisions.
The Spousal Support Advisory Guidelines in Canada
The Advisory Guidelines are a valuable tool for legal professionals and couples navigating the complexities of spousal support. They offer a systematic approach to determining support, reflecting the principles and jurisprudence that have developed under the Divorce Act (DA) in Canada. They have been approved for use by the Court of Appeal for Ontario, further cementing their importance in the legal system.
The Assignment of Spousal Support Orders
In the complex landscape of family law, the assignment of spousal support orders is an essential topic to understand. It can have significant implications for the parties involved, particularly in situations where a spouse is receiving social assistance. This blog post aims to shed light on this crucial subject.
Spousal Support: Quantum, Duration, and Lump-Sum Payments
When navigating a divorce or separation, understanding the intricacies of spousal support is crucial. Here, we'll delve into the concept of 'Quantum' and the structure of spousal support orders, including temporary orders and lump-sum payments
Spousal Support: The Divorce Act vs The Family Law Act
When dealing with spousal support issues, understanding the jurisdiction is paramount. This involves knowing which law to apply — The Divorce Act (DA) or The Family Law Act (FLA). Here, we delve into these two statutes and how they affect the process of applying for spousal support.
Securing Spousal Support Payments With Life Insurance
Determining the quantum of security required for spousal support payments can be a complex task. It is crucial to ensure the recipient's financial stability, particularly if the payor passes away unexpectedly. One effective solution to secure such support payments is through life insurance. This blog post will discuss the initial quantum of security, the decrease in the quantum required over time, and the impact of estate payments on this process.
Restructuring Spousal Support: An In-Depth Analysis
The process of restructuring spousal support largely involves modifying its duration and quantum, or amount, to better align with the individual needs of the concerned parties. For instance, suppose a recipient spouse prefers a higher quantum of support over a shorter duration. In that case, the restructuring process would involve adjusting these parameters using a specialized calculation software or tool, with the ultimate goal of reaching an arrangement that benefits both parties.
One popular form of restructuring is the step-down schedule, where the quantum of support gradually reduces over time until it eventually ceases. This strategy can be highly beneficial for the paying spouse as it reduces their financial burden over time, while still ensuring that the recipient spouse receives the necessary support.
Exceptions to the Spousal Support Advisory Guidelines (SSAG)
The Spousal Support Advisory Guidelines (SSAG) are intended to provide a fair and standardized approach to spousal support, but they are not one-size-fits-all. There are several scenarios where deviations from the norm are permitted. This post will delve into several exceptions to the SSAG, including cases involving high or low payor income, compelling interim financial circumstances, debt payment, and more.
Income Determination for Spousal Support
Income determination is a pivotal process in family law, particularly in the calculation of spousal support. It is an often intricate procedure that, while borrowing significantly from the child support guidelines, features its unique complexities. This article aims to shed light on three central aspects of income determination for spousal support: the role of the recipient spouse's income, the concept of asset equalization, and specific income determination issues unique to spousal support.
Spousal Support -Indexing in Family Law
The Family Law Act provides mechanisms to ensure that this support is fair and sustainable, one of these being spousal support indexing. This blog post will delve into the concept of spousal support indexing, its legal basis, and a practical example of how it is calculated.
The Process of Spousal Support After Separation
Spousal support after separation can often be a contentious and emotionally charged issue. It's critical to understand the process and the steps needed to ensure a fair outcome for all parties involved. This blog post will discuss the importance of prompt action, the evidence required for a motion, and the best practices to protect your position.
Lump-Sum Spousal Support
Courts possess the authority to order lump-sum spousal support under certain acts. Section 34(b) of the Ontario Family Law Act and Section 15.2 of the Divorce Act provide the legal basis for such orders. However, courts rarely exercise this authority. Some factors that could lead to a lump-sum spousal support order include relieving financial hardship, the payor's ability to make a lump sum payment without undermining future self-sufficiency, and the risk of non-payment of periodic payments.
The Process of Seeking Spousal Support
Spousal support is a fundamental aspect of family law, and understanding it is crucial for both parties involved in a divorce or separation. This blog post aims to detail the process of seeking spousal support, focusing on three essential aspects: pleading, evidence, and financial disclosure.
Compensatory Basis v. Non-Compensatory Basis for Spousal Support.
Navigating the complexities of spousal support can be overwhelming, particularly in the wake of a divorce or separation. This article aims to shed light on the theoretical explanations for statutory spousal support as developed by the Supreme Court of Canada. Our focus will be on the Compensatory Basis for Spousal Support, and the Non-Compensatory Basis for Spousal Support.
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