Spousal & Child Support Lawyers

Spousal or child support is money that one spouse (generally the higher income earner) needs to pay the other spouse (generally the lower income earner) after a divorce or separation. You must prove that you are eligible for spousal support. Courts will consider whether you sacrificed your career or income to provide care to your children, or whether you have a need and your partner has the ability to pay (e.g., to maintain the lifestyle standards during your marriage after your divorce) Child support is legislated and must be paid to the primary parent in order to financially support the costs of raising the child. Courts will consider the Federal Child Support Guidelines in determining the amount of child support required.

• Income and financial assets of each spouse
• Length of the marriage
• The roles each spouse played in the marriage (e.g., one spouse stayed at home while the other worked)
• How the couple splits child care duties
• Lifestyle factors such standard of living during and after the marriage

Spousal support must be paid for the timeframe specified by the court. A spouse receiving support payment has an obligation to become self sufficient where reasonable. Child support payments must be paid as long as the child remains dependent on the parents. A child generally no longer becomes dependent when they turn 18, or if they choose to marry or leave the home after the age of 16. However, simply turning 18 years old does not guarantee that the child is no longer considered dependent. For example, if the child finishes high-school and attends a post-secondary institution, they may still be considered dependent and child support payments would need to continue.

Yes, spousal support is sometimes referred to as “alimony”. In Canada, they are the same, however, courts will generally prefer the term “spousal support”.

If you can prove that you are entitled to spousal support, you can qualify for it when in a common-law relationship.

Yes, in Canada we follow a no-fault divorce law. This means that the conduct of either spouse does not affect any of the legal obligations related to a divorce, including whether or not they are entitled to receive spousal or child support.

This depends on the circumstances. Generally, parties are obligated to become self-sufficient and must attempt to find employment once separation occurs. This can impact spousal support payments because the recipient’s income will be taken into account when determining the amount and can impact child support if custody is shared between both parents.

Child support covers the cost of supporting the child while they are with the other parent. This includes food, housing, and clothing. In addition, you may be obligated to pay or receive a proportionate share of the child’s special and extraordinary expenses such as music classes or private school.

If spousal or child support payments are not made, the spouse who is owed support can pursue a variety of legal remedies. In particular, they can file a claim with the Family Responsibility Office who can then take measures against the owing spouse such as withdrawing funds from their bank accounts, garnishing their employment income, taking away their driver’s license or passport, and applying other enforcement practices.

Spousal support is considered as income to the recipient and is fully taxable. The payor of spousal support is entitled to deduct the amount paid from his/her taxable income. Child support is not considered taxable income, and thus there are no tax implications for the payor or the recipient.