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Family Law Principles that we can learn from Thompson v. Thompson 2013 ONSC 5500 (pleadings)
In cases of child or spousal support predating the start of proceedings, a party must specifically include a claim for retroactive relief in their pleading. This conclusion is based on considerations of certainty, fairness to the payor, and administration of justice. Allowing retroactive claims without specific pleading disrupts the balance between certainty and flexibility, undermines procedural fairness, and creates administrative challenges. The standard form Family Law Application should be amended to include separate headings for retroactive child and spousal support claims. If a litigant fails to plead for retroactive support, they should seek consent to amend their pleading early in the proceeding or request leave to amend before trial.
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 (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.
Thompson v. Thompson 2013 ONSC 5500
The blog post provides a detailed examination of the court case Thompson v. Thompson 2013 ONSC 5500, which involved issues of divorce, child support, and spousal support. It explores various aspects such as the grounds for divorce, retroactive support claims, residential situation of the child, and assessment of parties' incomes.
This case also looks at: Imputing pre-tax corporate income, intentional un/under-employment
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.
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.
Spousal Support
Spousal support refers to a series of payments made from one spouse to another following their separation. This critical aspect of family law involves several key factors and guidelines set by Canadian law to ensure fairness and promote self-sufficiency.
Spousal Support Calculations: the Spousal Support Advisory Guidelines
The Spousal Support Advisory Guidelines (SSAG) provide a framework for determining the amount of spousal support, using one of three different formulas. These formulas, while complicated, are the tools that family lawyers and courts use to ensure fair and equitable spousal support arrangements.
Spousal Support Order Variation
When a support order lacks a specific provision for a review, either party has the right to bring forward a motion to alter the initial order. However, for this motion to be successful, the party leading the motion must demonstrate a change in circumstances. For instance, if the recipient spouse begins earning a significant income, this could be a valid reason for the review of the support order. This process is often complex, requiring the consideration of numerous factors.
Securing Ongoing Support Payments in Family Law
The primary objective of securing ongoing support payments is to mitigate risk. Without some form of security, there is a chance that the payor could predecease the recipient, causing an abrupt halt to the support. This could occur while the recipient still has a valid claim or need for these payments. By having a secure plan in place, it ensures that the recipient will not be left in a lurch should the payor pass away. The security serves to protect the recipient's interests, ensuring they are compensated for their outstanding claim.
The Implications of Spousal Support Agreements
Spousal support agreements often come into play in the context of marital or relationship separations. These contracts, whether established before or during the relationship, outline the financial obligations of each party post-separation. They may specify whether any spousal support will be paid, the duration of such payments, and the amount, often influenced by factors such as the length of the marriage and number of children. However, the enforcement and validity of these agreements can become contentious upon separation.
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