PRACTICE AREAS

Support

Our Approach

We prioritize clarity, fairness, and efficiency, ensuring that support obligations are calculated accurately and negotiated effectively. While child support follows clear legal guidelines, spousal support often involves negotiation—our goal is to secure the best possible outcome for our clients.

Our Solution

We prioritize clarity, fairness, and efficiency, ensuring that support obligations are calculated accurately and negotiated effectively. While child support follows clear legal guidelines, spousal support often involves negotiation—our goal is to secure the best possible outcome for our clients.

More Info

Child Support

Child support is a legal obligation in both Ontario and BC, typically based on income and the number of children. If a child lives with one parent 40% or more of the time, the other parent must pay support based on provincial guidelines. If custody is shared equally, offset child support applies, meaning the higher-earning parent pays the difference. Payments are typically made to the other parent, not directly to the child. Enforcement agencies like Ontario’s Family Responsibility Office (FRO) and BC’s Family Maintenance Enforcement Program (FMEP) handle collection and compliance.

Spousal Support

Spousal support is more complex and negotiable than child support. It is determined based on factors like financial need, contributions to the relationship, and economic impact after separation. Spouses may be entitled under contractual, compensatory, or non-compensatory grounds. The Spousal Support Advisory Guidelines (SSAG) help determine the amount and duration of payments, but judges have discretion. In long-term marriages or cases of disability, support may be indefinite.

Key Differences Between Ontario and BC
  • In Ontario, spousal support is governed by both the Divorce Act (for married spouses) and the Ontario Family Law Act.
  • In BC, common-law spouses also qualify for spousal support under the BC Family Law Act.
  • Unlike child support, misconduct (e.g., cheating) does not affect spousal support entitlement in either province.

If you believe you are entitled to or responsible for support payments, consult a family lawyer for guidance.

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