Spousal & Child Support
The issue of spousal support raises three questions: (1) are you entitled to claim (or obliged to pay) it; (2) what is the proper amount; and (3) how long should it be paid for?
Generally, an order or agreement calling for the payment of spousal support is proper where: 1) one spouse has suffered economic loss or hardship due to decisions made during the relationship or its end; 2) a contract exists between the spouses requiring spousal support to be paid; or 3) one spouse is in financial need after separation and the other spouse is able to pay from his/her disposable income.
The questions of ‘how much’ and ‘for how long’ are complex, depend on whether you have children or not, and are best determined after we consider your unique facts. Whether you need support or are facing a request for support, Laschuk Law can help you understand your rights and obligations, as well as your options.
If, after separating, you are the primary parent of and caregiver for your children, you most likely are entitled to receive child support from your spouse. Conversely, if you are not the main care giver after separation, you will likely have to pay towards the support of your child(ren).
The amount will be determined by reference to the federal Child Support Guidelines. Generally, relevant factors include the income of the paying parent and the number of children. ‘Special expenses’ such as day care, medical or dental bills and ‘extraordinary expenses’ like private school first must be identified and then, if they qualify, are often shared with your spouse in the same proportion as your incomes.
There are a number of exceptions to the general rule outlined above. Laschuk Law will help you pay or receive a fair and proper amount of child support.