Spousal Support Law
Spousal support can be a heated matter. More often than not, one spouse will disagree with what the other should receive. To get exactly what you’re entitled to, be sure to work with an experienced family law firm.
There are a number of factors that go into determining how much spousal support will be paid:
- The age and health of the couple, as well as the duration of their relationship
- Available employment opportunities for the person receiving support
- The effect that being in the marriage had on employment opportunities of the person receiving support
- The contribution that each party made to family care during the relationship
- The contribution that the person receiving support made to the other party’s career
- The family’s standard of living before separation
- The time it will take for the person receiving support to become self-sufficient
- The need to stay at home to take care of young children or adult children with a disability
Again, each person may have different opinions for each of these factors. This can often lead to emotionally charged battles (particularly when children are involved), where each spouse attempts to devalue the other’s contribution to their former marriage.
An experienced family lawyer will fight to get you a fair settlement. You and your family lawyer are going to work extremely closely to discuss the most intimate details of your personal life, family history and finances. Appointing someone you both trust and feel comfortable with is of crucial importance.
Spousal support violation issues often deal with a breach in perceived trust, which can cause proceedings to turn ugly. Choose a family law firm that specializes in spousal support violations.
If you’re receiving spousal support and your former spouse misses one (or multiple) payments without reasonable explanation or compensation, you have many options.
You can work with a family lawyer for the purposes of:
- Garnishing the payor’s wages
- Bringing the payor’s employer to court if the employer disobeys or ignores the notice of garnishment
- Garnishing the payor’s bank account
- Seizing the payor’s RRSP
- Registering the support order as a charge on the payor’s house, other real estate or personal property
- Filing a writ against the payor’s property, which prevents the payor from transferring clear title to property they wish to sell.
In extreme circumstances, the judge can send the payor to jail for failing to pay support.
If you are accused of failing to pay spousal support for any reason, you should speak with a family lawyer to prevent any of the above steps from adversely impacting your finances.
If you’re relying on spousal support, you may not have the luxury of missing one or more payments to provide for your family or pay your various bills. Chances are good that you need this resolved as quickly as possible in order to receive any back-payments that you’re owed, and ensure future payments won’t be missed.
If you have any questions about spousal support and want to speak with a specialized family lawyer, don’t hesitate to contact any of our offices in Burlington, Oakville, Milton and Mississauga.