If you are in the process of a divorce, you likely have many questions about how your assets should be divided. However, it is also important to understand what may be expected of you or your soon-to-be-ex husband or wife when it comes to spousal or child support. In today’s blog, the Family Lawyers at Brace Law will answer your most-asked questions about child and spousal support.

1. What is spousal support?

Spousal support is money paid by one former spouse or partner, to the other. It may be paid for different reasons, but is often paid to help the lower income spouse cover their living expenses. Although children are entitled to child support, a former partner is not automatically entitled to spousal support. It is important to speak to a family lawyer to determine whether you are entitled to spousal support.

2. Do I have to pay spousal support?

Payment of spousal support may arise in various circumstances including a financial need arising from the breakdown of a marriage or relationship. It is important to speak to a family lawyer if it is determined that you must pay spousal support.

3. What are the Spousal Support Advisory Guidelines (SSAGs)?

The Spousal Support Advisory Guidelines suggest appropriate timelines and ranges of support in a variety of situations for spouses entitled to support. The guidelines do not provide advice on whether a spouse is entitled to support. Entitlement depends on the circumstances of each specific case. For more information on the SSAGs, contact the family lawyers at Brace Law.

4. What if my ex-partner won’t pay their spousal support?

If your former spouse or partner is refusing to pay spousal support, you can take your matter to court to enforce this obligation, if the matter was previously not in court. If your matter is in court, you can seek further judicial intervention to enforce the order.

5. Are my children entitled to child support?

Children have the right to receive financial support from both parents until they are no longer dependents. The parent who does not have the children in their primary care typically pays child support. For more information on child support, contact Brace Law.

6. What is the difference between decision making and parenting time?

Decision-making responsibility (formerly known as “custody”) refers to which parent can make the major and non-major decisions for the children. In the majority of situations, both parents have decision-making responsibility for the children. This is called joint decision making. Parenting time (formerly known as “access”) is regarding the time-sharing schedule in place for the parent who does not have the child in their primary care.

7. How are child support payments made?

Child support payments can be made in a number of different ways. Typically, most people will e-transfer the other parent the funds. In other situations, FRO (the Family Responsibility Office) may become involved if a parent is not paying child support on time.

If you have additional questions about divorce proceedings, including division of assets or child and spousal support, the family lawyers at Brace Law are here to help. Serving the GTA, Brace Law is your go-to source for Family Law.

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