Child Support and Spousal Support
When there are children involved in the dissolution of a relationship it is necessary to ensure that there is adequate financial provision for the maintenance of the children upon the separation of the spouses. This provision is usually referred to as child support. Regardless of whether the spouses were married or common-law child support may still be payable. If there are children involved in the separation of spouses, the skills and knowledge of one of our family law lawyers will be helpful to reach a legally enforceable child support arrangement.
Any time a child support agreement or child support order is made, the child support payable is based on the respective incomes of each parent. When child support is determined it is absolutely necessary to ensure that each parent has fully disclosed their respective financial circumstances, including each parent's income, assets and liabilities. Without proper disclosure of the financial circumstances of each parent the proper determination of child support cannot be made. One of our lawyers will ensure that we have all of the relevant information to determine child support payable before your enter into a child support agreement or before we go to court to assist you with determining child support.
Once a child support agreement or order is in place it is still possible that a change in the circumstances of the child or parent warrants the child support payment to be varied. If you require a child support payment to be varied either because the current payment is too high, or the current payment is not sufficient, we can provide you with legal advice on the likelihood of having your agreement or order changed.
Whether we are helping you negotiate a child support agreement in accordance with the relevant laws, or whether we are advocating for you in court, we can help you make sure that your child support payments are in accordance with the governing laws and fair in the circumstances.
If you and your spouse wish to resolve the issue of child support outside of the court process we can provide you with legal advice on child support and help you come to an agreement with your former spouse through mediation. Mediation is often less expensive than going to court and can be just as effective in reaching an agreement an agreement on child support. We can provide you with representation though any mediation process to ensure that your legal rights are protected and any agreement reached is in your and your child’s best interests. We can also provide you with legal representation when your child support issues must be resolved by the court system.
The support of one spouse by the other spouse on the dissolution of a relationship is sometimes necessary to ensure that each spouse is adequately provided for. We can help you determine what would be adequate support in your circumstances in accordance with the current laws. We can assist you in reaching a spousal support arrangement with your spouse through mediation, or we can represent your needs or legal rights in court.
Spousal support may be payable whether you were married to your spouse or whether you were just cohabitating with your spouse in a common law relationship. As there are different time limitations for married spouses and common law spouses to bring an application for spousal support, it is important that you receive legal advice in a timely manner with respect to your obligation to pay spousal support or your right to receive spousal support.
Spousal support payments are often determined by looking at the history of your relationship including the length of time you were in a relationship with your spouse. The standard of living maintained during the relationship and the ability of each spouse to become economically self-sufficient after separation are also both relevant factors in determining if spousal support is payable. These are just some of the factors that are considered when determining spousal support. Once it is determined that spousal support is payable by one spouse to the other, it is then necessary to determine the appropriate amount and duration that spousal support is payable.