Filipino Family Lawyer: Spousal Support
Your Filipino Family Lawyer in Toronto would provide you with significant information about spousal support. Spousal support applies to partners who are married and to partners in a common-law relationship. Partners can be of the same sex. Spousal support is a legal obligation for one spouse to provide the other with financial support after the couple decides to sever the relationship. Here are some facts about spousal support that will help you understand more what it entails to claim this payment.
Here are often questions from a lot of people
Who pays spousal support?
The website stepstojustice.ca states that “spousal support is paid by the partner who earns more to the partner who earns less. The person who gets support is called the support recipient. The person who pays support is called the support payor.”
What are the factors that the Courts consider when deciding if a spouse should get support after the divorce?
- “The financial means and needs of both spouses;
- The length of the marriage;
- The roles of each spouse during their marriage;
- The effect of those roles and the breakdown of the marriage on both spouses’ current financial positions;
- The care of the children;
- The goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time; and
Judges must also consider whether spousal support would meet the following purposes:
- To compensate the spouse with the lower income for sacrificing some power to earn income during the marriage.
- To compensate the spouse with the lower income for the ongoing care of children; or
- to help a spouse who is in financial need if the other spouse has the ability to pay.” (reference: www.justice.gc.ca)
What is its purpose?
- Recognize each partner’s contributions to the marriage or relationship.
- Make things fair for a partner who has affected adversely (financially) during the marriage or relationship. For example, the wife may not have continued with her professional career so she could care for the children and is not able to support herself independently right away.
- Share the expenses of caring for the children.
- Relieve financial difficulty.
- Enable a partner to become independent enough to support themselves. For example, by going back to school to upgrade their skills and get a job to sustain their needs.
Spousal support is not tax-deductible. The length of support will depend on certain circumstances surrounding the case, such as the duration of time when the spouses lived together, or their ages at the time of their separation. Sometimes, spousal support may only be paid for a limited amount of time. In other times, spousal support may continue unless there is a change in circumstances and the court would change its order or the agreement is revised to reflect any change in the circumstances of the parties.
How is spousal support calculated?
When it comes to the calculation of spousal support, different factors have to be well-thought-out, this is why most of the spouses interested in claiming and those who are trying to avoid paying spousal support as well as the family law professionals use the Spousal Support Advisory Guidelines.
You can talk to our Filipino Family Lawyer in Toronto to guide you to understand more about what the law says about spousal support. Our Filipino Lawyer may help you understand how likely you are to pay or receive spousal support, as well as estimate the amount and length, or help you reach an agreement with your spouse regarding this support payment. Talk to our Filipino Lawyer in Toronto and get in touch with our Angeles & de Jesus Law LLP or AJ LAW LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at [email protected] for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.