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You are here: Home / Archives for Family Law

Am I entitled to Spousal Support? Do I have to pay Spousal Support?

February 3, 2017 by smithall_admin

Whether a person will be entitled to receive Spousal Support requires consideration of several factors, not the least of which is the degree of financial dependence during the relationship, the difference in incomes of the parties, and whether either party was economically deprived due to circumstances arising from the marriage (or marriage-like relationship). The amount […]

What is a family asset? What is a family debt?

February 3, 2017 by smithall_admin

a. Family assets generally refer to assets (real property, pensions, savings, RRSPs, stocks, businesses, vehicles, etc.) that are acquired during the course of the relationship by either or both parties. This also includes the growth in the value or equity of an asset that itself predated the relationship. For example, if the former family home […]

How is child support calculated when parents share parenting equally?

February 3, 2017 by smithall_admin

Under section 9 of the Federal Child Support Guidelines, the court may adjust child support in a situation in which the parents share the children on an approximately equal basis (generally understood that each of the parents have the child(ren) at least 40% of the time) so that the amount the parent with the larger […]

How is child support calculated?

February 3, 2017 by smithall_admin

Child support is determined by the gross annual income of the payor parent and the number of children for which support is paid. The Federal Child Support Guidelines determine this amount. While variation from the set amount can happen due to such things as undue hardship or to allow for unusually high costs associated with […]

How are common-law couples and married couples treated the same/differently?

February 3, 2017 by smithall_admin

a. Generally, once a common-law couple has been together for two years, they have equal rights/obligations as a married couple which could include such things as division of family assets and debts and spousal support; however b. There is a strict time limit to when orders for division of family assets and spousal support can […]

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