Child Support And Spousal Support Basics

Patents in the USA

Both parents have a legal duty to support their children financially, even after divorce. Child support is the amount of money paid by one parent (the Payor) to the other (the Recipient) for the care and upbringing of dependent children. The amount of money one person pays the other for the support of children in the care of that other person is called child support and is now determined by the Child Support Guidelines.

The guiding principle of Canada's child support law is that children should continue to benefit from the financial means of both parents just as they would if the parents were still together. Therefore, if you are divorced or separated from the other parent, you are still both responsible for supporting your children financially. Your children are entitled to chills support by law if they are under the age of majority and still dependent on their parents. If your children are over 18 or 19, they may be entitled to support if they cannot become independent because of an illness, disability or "other cause". Courts often order parents to pay child support for an older child going to university or college.

Determining the Amount of Child Support Payable

The amount of child support that is payable is based on Federal, or Provincial Child Support Guidelines. Factors that are taken into consideration include the number of children, the annual income of the payor, and the custody arrangement. Additional factors affecting the amount of child support payable, include whether:


·    There are shared or split parenting arrangements
·    The payor earns more than $150, 000.00
·    The payor is experiencing financial hardship

SPOUSAL SUPPORT BASICS

The law on spousal support is constantly evolving. Generally, if one spouse earns more money than the other spouse, he/she may have to pay spousal support.
How Spousal Support is Determined:

Canadian courts have the authority, upon granting a divorce, to decide the issue of spousal support. The courts keep four objectives at the forefront when deciding spousal support issues. These are:
1.    To recognize the economic advantages or disadvantages arising from the marriage or the divorce.
2.    Once child support obligations have been established, to divide, between the spouses, any financial consequences arising from the care of any child.
3.    To relieve any economic hardship a spouse might suffer as a result of the marriage breakdown and promote the economic self-sufficiency of each spouse.
4.    To promote the economic self-sufficiency of each spouse within a reasonable period of time.
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