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The Spousal Support Advisory Guidelines
I am confused about the calculator, but maybe my case is special. I make [amount] and my wife makes [a bit less than half amount]. We were married for 12 years but I have the kids. I am assuming I will have to pay spousal support and she would pay a little child support. Is there a calculation for this? (by P of Gibsons, BC) You're looking for the calculator where the children live with the person paying spousal support. If the children live with you, the mother will (whether she likes it or not) have an obligation to pay child support to you. The calculator you want is the last of the four you will find listed in the "Spousal Support" section of my website. Bear in mind that your wife's entitlement to support is not yet a done deal. Just because there's a difference between your income and her's doesn't mean that you are on the hook to pay spousal support. The Spousal Support Advisory Guidelines are intended to be used only when an entitlement to support has been established. I'm not convinced that you're there yet. Before worrying about how much you might have to pay, I suggest you first decide whether your wife is likely going to be entitled to receive support. Read the rest of that section of my website for more information.Click here to go to the top of the page. How much weight is currently being given to this draft? My lawyer seems to be putting too much emphasis on it. My situation is we were together 15 yrs. and she was 51 on separation. My lawyer thinks 8 yrs. spousal support is good as the draft paper gives indefinite support. Are the courts using this draft, are people using them in negotiated settlements? (by S of Gibsons, BC) To my knowledge, there hasn't yet been a public review of the draft Spousal Support Advisory Guidelines. The authors are, at present, soliciting public feedback and input. I've put my concerns about the SSAG in my letter to the Justice Minister, posted to my website. As of yet, they are being informally used by courts across Canada. It won’t be long, I fear, before they are used formally. They do, however, remain "draft," "advisory" and "guidelines" and are of no legal force and effect. According to the authors, the federal Department of Justice has no plans to give them regulatory effect. For now, they are a curiosity of a sort, but one that you ought to pay attention to as there is no way to predict how much weight a judge will give to them. Click here to go to the top of the page. Site Navigation
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