If you are a married or common-law spouse, you may be entitled to spousal support. Spousal support can be calculated based on the Spousal Support Advisory Guidelines. It is just a guideline and does not necessarily mean that your support will be the amount noted in the guideline. To determine spousal support, you use both parties’ incomes, as well as the length of marriage or cohabitation. Factors including children will also be factored in. Such as, if the payor cannot afford both child and spousal support, the child support will prevail.
A common misconception is that, if the other party commits adultery, you don’t have to pay spousal support. This is not the case, and it does not negate your obligation to pay them spousal support. However, your ex-spouse re-marrying can result in your spousal support obligation ending.
Common spousal support disputes occur where spouses work for cash, inheritances and end of working life, and outright refusals to pay. Under these circumstances, a Court can impute an ex-spouse’s income and compel them to pay support. The Family Responsibility Office (FRO) is a mechanism where Court Order’s are enforced to compel spousal support payments. The FRO can take away driver’s licenses, passports and sanction fines for non-compliance.
At Lemieux Litigation, we can assist you with calculating support amounts. Call Nicole Meringolo at (705) 999-7595 for a 1-hour consultation about your spousal support rights and obligations. Nicole serves clients of all walks of life in Innisfil, Barrie, Bradford, Newmarket, Orillia, Midland and Collingwood.