Sentences with phrase «spousal support based»

For example, if the court awarded you spousal support based on false information from your ex-spouse, the court may reopen your decree and modify the spousal support arrangement.

I can not find on the evidence before me that the respondent has suffered any economic hardship arising from the marriage and its breakdown and thus the respondent has not established an entitlement to spousal support based on the compensatory model.

Vancouver Spousal Support Termination Reduction Variation Lawyers deal with cases where one spouse applies to cancel or reduce spousal support based on their decline in income, retirement, health issues or loss of their job or business failure.

Entitlement to Spousal Support in BC The BC Courts can order temporary or permanent spousal support based on the following criteria:...

Our top rated * Richmond family lawyers explain and obtain fair spousal support based on compensatory, non compensatory and contractual bases.

In 2006, Kurt filed two motions to modify spousal support based on the change of circumstances.

However, it was unnecessary to hypothesize regarding past income and, as this Court held in Tedham, it was incumbent on the judge to award retroactive spousal support based on the parties» actual incomes.

[49] However, in my view the judge did err in awarding retroactive spousal support based on Mr. Hsieh's current annual income.

These include unusual circumstances such as one spouse having unusually high debts and not able to pay spousal support based on his / her income.

It is common to calculate spousal support based on the non-mandatory Spousal Support Advisory Guidelines (SSAG).

On the other hand, the court orders permanent spousal support based on the circumstances of each party.

The Guidelines provide 3 different ranges of spousal support based on the difference in the net incomes of you and your spouse.

Not exact matches

Reported Cases: Wilcox v. Wilcox, 2003 CanLII 2272 (ON SC)-- Matter to determine an appropriate variation in spousal support obligations based on a material change in circumstance.

Either spouse can be ordered by the court to pay spousal support to the other, as it is based on income rather than gender.

Rather, spousal support entitlement generally arises as a consequence of the marriage and its breakdown, and (as I have discussed in many prior Blogs is calculated based on numerous factors, but misconduct is not one of them.

The court suggested that based on this income baseline and on the Spousal Support Guidelines, spousal support should be in the mid to lower range of sSpousal Support Guidelines, spousal support should be in the mid to lower range of sSupport Guidelines, spousal support should be in the mid to lower range of sspousal support should be in the mid to lower range of ssupport should be in the mid to lower range of supportsupport.

The spouse who seeks spousal support must base his or her entitlement on at least one of the three following grounds: compensatory, contractual, or non-compensatory (needs - based).

The circuit court provided the reasoning and the factual basis for its award of spousal support.

[17] Ihave concluded, based on the evidence currently available to me, and which is not yet the subject of expert evidence, that it would be inappropriate to determine that 50 % of SFP's pre-tax income should be allocated as income to the respondent for spousal support purposes.

Can a Virginia court order a devoted and financially responsible husband to pay spousal support to his adulterous wife based merely on a gross disparity in income?

The respondent also received a benefit in that the amount of spousal support in the Agreement was $ 5,000 per month less than that which Master Taylor had ordered on an interim basis.

Instead, a limit on spousal support awards would be established based on each spouse's current income and the length of the marriage.

Our Vancouver and Calgary Post Separation Income Increase Spousal Support lawyers understand that a close look at the basis for the original spousal support award holds the key to whether the income increase will be shared Spousal Support lawyers understand that a close look at the basis for the original spousal support award holds the key to whether the income increase will be shared Support lawyers understand that a close look at the basis for the original spousal support award holds the key to whether the income increase will be shared spousal support award holds the key to whether the income increase will be shared support award holds the key to whether the income increase will be shared or not.

The problem is that judges at trial do not break down by percentage which part of a spousal support award was non-compensatory (means and needs based) or compensatory (assessing advantages and disadvantages the two spouses obtained or suffered during the relationship).

Mrs. Beattie proved her own undoing by handing the other side all it needed to debunk her claim for continued spousal support (based on need).

Specifically, the Guidelines provide that the amount of spousal support may be reduced through the process of review and variation (for example, if the recipient's income increases, or if the recipient fails to make reasonable efforts to earn income and income is imputed), and that support may even be terminated if the basis of the entitlement disappears.

That is not an issue in this case, given my decision set out below that there is no basis for Ms. Adams» spousal support claim.

In other words, spousal support is paid out over time, with periodic payments made in specified amounts on a regular basis.

In divorce proceedings, it is generally the norm for one party to ask for spousal support and child support from the other, based on a legally acknowledged desire to redress certain financial inequalities that one party bears disproportionately due to the fact of the parties» marriage to each other, and to make adequate provision for the children of the marriage.

The wife was looking for about $ 35,000 per month in spousal and child support, based on the husband's income which her experts estimated was about $ 1.7 million for 2013, and over $ 3 million for 2014, including certain withdrawals the husband made from his RRSP.

We handle the initial spousal support aspect from divorce and post-divorce modifications for spousal support, also known as alimony, on an affordable fixed fee basis.

You can spend a lot of money on an attorney, but that won't change the fact that alimony, also known as spousal support, is always determined based on the same legal guidelines.

The wife found out and successfully brought an application for retroactive and ongoing spousal support, on the basis that the husband's re-employment constituted a material change in circumstances.

Predictably, citing Chutter v. Chutter, Moge v. Moge, and W. v. W., the Court ordered ongoing spousal support on compensatory and non-compensatory bases, and reviewed the seminal principles of spousal support law.

On this basis, the trial court imputed $ 9,500 per month income to the wife, and found that she had no need for spousal support.

Spousal support is mostly based on incomes and the length of marriage.

Justice O'Connell found the claimant entitled to spousal support on a non-compensatory basis as well as contractual basis because the respondent agreed to sponsor her and meet her financial needs for three years after they wed..

Based in Los Angeles, CA, Fernandez & Karney has the expertise and resolve to handle your family law issues, from divorce and child custody to property division and spousal support.

Yet in the 2012 case of Shukalkin v. Shukalkina, the Alberta Court of Appeal, involving another long marriage where there was also a child, came to the opposite conclusion and Mr. Shukalkin's had to pay his ex spousal support on the basis of him having 90K gross per year in income.

Alarcon v. Surco, 2017 BCSC 5 dealt with the claimant's application to reduce spousal and child support payments that had been ordered the previous year, based on his imputed income of $ 150,000.

Although I do not accept that the judge erred in awarding spousal support for the pre-trial period, given that entitlement was compensatory and the parties» post-separation incomes differed significantly, I agree that she calculated the retroactive portion of the spousal support award on an erroneous basis.

Accordingly, in my view the retroactive portion of the spousal support award must be recalculated on this basis for each year from July 1, 2010 to 2014 and reduced to the cumulative extent of the difference.

Indiana spousal support laws permits a judge to award alimony temporarily or on a short - term or long - term basis.

[98] Based on the relevant Divorcemate calculations, spousal support should be payable for a minimum of approximately six years and a maximum of approximately 12 years — the mid-range being approximately nine years.

Spousal support can be sought on a periodic monthly basis or on a lump sum basis.

The wife argued that it would not be appropriate to depart from the Spousal Support Advisory Guidelines given the lifestyle the couple enjoyed pre-separation and based on her ongoing expenses.

The spousal support claim advanced by J.B. was both compensatory and needs - based in nature.

The Arizona Court of Appeals concluded that the record did not establish Husband met his burden of proving Wife's cohabitation supported a termination of her spousal maintenance, but did conclude the trial court could consider whether Wife's cohabitation provided a basis for the trial court to decrease her spousal maintenance.

Determining the amount of spousal support is based upon the length of marriage, both spouses» incomes and the ability of the spouse to support the alimony recipient.

[210] I would give the spousal support provisions of the marriage agreement no weight on the basis of the circumstance of execution alone.