Whether you are married or in a common law relationship, a separation may coincide with a resulting financial obligation to children or a former spouse. Child and spousal support claims raise issues around the assessment of income, entitlement to support and the quantum and duration of payments.

Child Support

Child support is governed by the provincial or federal Child Support Guidelines. Child support is payable for any dependent child, who meets the definition of a “Child of the Marriage”, even in the case of non-married spouses.

In addition to child support, there may also be an obligation to contribute to the child’s special and extraordinary expenses (also referred to as “Section 7 expenses”). We will assist you in identifying what children are entitled to support, the quantum of said support, and the duration of said support.

Spousal Support

Spousal support entitlement can be based on an existing contract, such as a Marriage Contract, the financial needs of one spouse following separation, or on compensatory basis in recognition of one of the spouses’ role in the relationship and their monetary and non-monetary contributions to the family unit.

We can help you determine your support obligations and/or entitlement, the amount of support, and the duration that support should be paid. We provide comprehensive advice regarding the calculation of income for support for payor and recipient spouses, including self-employed or under-employed spouses.