1. What is Spousal Support?

Spousal support is money that is paid by one former spouse or partner to the other. It may be paid for a variety of reasons, but it is often paid to help the lower income spouse cover their living expenses. Spousal support is separate from child support, and spousal support can often contribute to the costs of caring for children. However, while children are automatically entitled to support, a former partner is not always entitled to spousal support. 

2. How are Spousal Support Payments Decided?

Spousal support payments can be determined either through negotiation as part of a separation agreement, or by a judge if an agreement cannot be made. In this case, the judge will decide the amount of spousal support and how long the support should be paid. It is a good idea to get legal advice before you sign any agreements made with a former spouse in order to be sure all is being done properly. 

3. How to Determine if you Are Eligible for Spousal Support

To be eligible for spousal support, you must have been married, lived together as a couple for at least three years, or have been in a relationship of some permanence for any length of time and have a child together. You will also need to demonstrate at least one of the following in order to be eligible:

• You had responsibilities during the relationship that prevented you from building your own career, such as taking care of children or helping your spouse build their career.
• Your separation or divorce left you in need of financial support and the other spouse has enough income and assets to pay support.
• You have a legal agreement that says you will get spousal support if you separate.

Other factors may also be considered by the court, such as age, health, and childcare requirements. The amount of spousal support ordered will depend on factors such as income, children, age, roles during the relationship, mental and physical health, and the ability to support oneself. Often, a lawyer will be able to help determine the appropriate amount of support given your circumstances, based on the Spousal Support Advisory Guidelines. 

4. Spousal Support Advisory Guidelines (SSAGs)

The Spousal Support Advisory Guidelines (SSAGs) suggest appropriate timelines and ranges of support in a variety of situations for those entitled to support. The SSAGs are not rules; they are only guidelines but are often used by lawyers and judges to determine how much spousal support should be paid, and for how long. For more information on the SSAGs, contact the Family Lawyers at Brace Law. 

5. What if my Ex-Spouse Won’t Pay Spousal Support 

If your former partner refuses to make spousal support payments, you can speak with them on your own or with the help of a mediator or lawyer. If they continue to refuse, you will be able to take your matter to court to enforce their obligation if the matter was not previously in court. If your matter is in court, you can seek further judicial intervention to enforce the order. The court can deduct support from your former spouse’s bank account, retirement savings, or wages.  

If it is not possible or safe to speak with your spouse, you may also need assistance from the courts or the Family Responsibility Office (FRO). The FRO can enforce support by taking money directly from the payor spouse’s bank account, suspending the payor spouse’s driver’s license, or starting a court case against the payor spouse. This will not cost anything for the spouse seeking or receiving the support. 

If you are unsure whether you are entitled to spousal support in your divorce, the Family Lawyers at Brace Law can work with you through the process. Whether you are negotiating a separation agreement, going to court to finalize your separation, or looking to enforce an existing order, Brace Law’s experienced team can help you achieve the best result. When you work with Brace Law, you can Consider It Handled. 

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. 

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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.

We serve our clients in English, Mandarin, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu, with Offices In Oakville And Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

The post Answers to Your Top Spousal Support and Child Support Questions appeared first on Bracelaw.