Child and Spousal Support Lawyers

Entitlement to spousal support is not automatic. Under the Family Law Act and the Divorce Act, spousal support may be available where one partner experienced economic disadvantage as a result of the relationship or its breakdown, where one partner made sacrifices in their career or earning capacity to support the other’s career or to care for children, or where there is a significant financial disparity between the parties at the time of separation.

Common law partners who have cohabited for at least three years, or who have a child together, may also be entitled to spousal support. Entitlement, amount, and duration are each assessed separately, and the Spousal Support Advisory Guidelines are used to calculate a range for amount and duration based on the specific facts of the relationship.

Yes. Whether determined by an order or an agreement, Child support is intended to reflect the current circumstances of both parents, and it can be varied when there is a material change in circumstances. The most common reason for varying child support is a change in the paying parent’s income. Because child support is based on gross income, it should be adjusted when income rises or falls. If a payor’s income drops due to a legitimate reason beyond their control, such as job loss or a health issue, the obligation may be reduced. If a payor voluntarily takes a lower-paying position or leaves the workforce without justification, it may be necessary to impute income and maintain the existing obligation. Either parent can return to court to seek a variation, and support orders can also be varied by agreement without a court proceeding.

Not necessarily. Child support continues as long as a child remains a dependent child within the meaning of the applicable legislation. A child who is enrolled in full-time post-secondary education is often still considered a dependent and may be entitled to continued support, though the calculation is different from the standard table amount. Factors including the child’s ability to contribute to their own expenses, the number of months the child lives at home during the year, and the expenses associated with their education are all considered.

While some spousal support orders are non-variable, most can be changed if there is a material change in circumstances. This could be material changes in the spouses’ incomes, living arrangements, employment, child support payable or received or a variety of other factors that impact a support payor or support recipient’s financial circumstances. Either spouse can return to Court to seek a variation, and support orders can also be varied by agreement without a Court proceeding.