Sentences with phrase «spousal support orders»

Spousal support orders, however, can be varied in the Court where the order was originally granted.

A change in your or your former spouse's income, health or ability to work can mean that it's time to update your spousal support orders.

However, Massachusetts courts will not modify spousal support orders for changes of circumstance if the decree specifically states that the alimony provision is not modifiable.The remarriage of the spouse paying support is not a factor.

Courts may also take into account the age of the child, existing spousal support orders, and each spouse's consumer debts.

Attach any current custody and visitation agreements, domestic violence orders, or child and spousal support orders to your child custody package.

For modifications of permanent [post judgment] spousal support orders, the Court also uses the factors in Family Law Code 4320.

For pre judgment spousal support orders, the Court can consider the disso master program or can consider the factors under Family Law Code Section 4320.

For courts with authority to modify spousal support orders, they can only do so if there has been an unanticipated and substantial change in either spouse's circumstances such as a job loss or remarriage.

The trial judge had essentially left husband destitute from the spousal support orders.

Permanent spousal support orders can be short - or long - term, depending on what the court finds to be reasonable after weighing the foregoing factors.

Double recovery may also be permitted in spousal support orders / agreements based mainly on need as opposed to compensation, which is not the case in this appeal.

Temporary spousal support orders last only while the divorce action is pending.

Uniform Interstate Family Support Act (UIFSA): The law that gives the court the power to make and force its child and / or spousal support orders in different states.

There are two pieces of legislation that govern spousal support orders in Ontario.

The Interjurisdictional Support Orders Act covers the registration and enforcement of child and spousal support orders made outside of Alberta, as well as the variation of such orders.

On Wednesday we have a video clip about: 4 Ways to Enforce Child and Spousal Support Orders in Ontario

The Ontario Ombudsman has identified chronic problems within the Family Responsibility Office respecting the administration of child and spousal support orders.

Spousal support orders are decided on a case - by - case basis.

The Family Responsibility Office (FRO) enforces child support and spousal support orders.

In addition, this Act provides for enforcement of child and spousal support orders of state courts, all done through the Department of Defense.

The Court also reviewed the basic principles underlying the Interjurisdictional Support Orders Act, legislation allowing BC courts to handle child and spousal support orders from other jurisdictions.

Spousal support orders are made taking into consideration the condition, means, needs and other circumstances of each spouse, including each party's assets and means, the age and health of spouse, the length of time the spouses cohabitated, the functions performed by each spouse during cohabitation, and any order or agreement relating to support of either spouse.

Long - term spousal support orders will usually reduce gradually over time, down to a very nominal amount.

The majority of spousal support orders take this form.

For example, child support, child custody, and spousal support orders are all subject to modification if certain conditions have been met.

While past conduct may not be of much utility in determining spousal support, spousal support orders can be varied when there is a material change in the circumstances of either party.

The court observed that section 17 of the Divorce Act allows a court to vary any spousal support order, provided it is satisfied there has been a «material change» in the «condition, means, needs, or other circumstances of either former spouse» since the original order (or last variation) was made.

In Elgner v. Elgner, the Supreme Court dismissed Claude Elgner's application for leave to appeal after he was ordered to pay a record - breaking interim spousal support order of $ 110,000 per month.

«The court will retain jurisdiction to enforce payment of debt obligations, in the event a party files bankruptcy, including, but not limited to, the ability to determine the debt assigned is in the nature of Maintenance, necessity or support and is therefore non dischargeable in bankruptcy, and / or making a future spousal support order, regardless of the spousal support order set forth below under FOURTH: SPOUSAL SUPPORT.»

While here are 14 statutory factors the courts is required to consider when making a permanent spousal support order, the decision to order spousal support, the amount, and the duration of support, rests within the court's discretion.

If you know that your spousal support order in Long Beach or Orange County needs to be modified but you do not go through the court to establish a new order, you may be held responsible for the support that has not been paid.

While we offer flat fee, affordable representation, we also offer aggressive representation to ensure that your spousal support order accurately reflects your current economic situation.

This may include a «Request to Enter Default» and the «Declaration of Default,» «Spousal Support Order,» a «Parenting Plan and Timesharing Schedule» also referred to as «Child Custody and Visitation Order,» and also, property and income declarations.

With respect to (4) and (5), the ONCA set aside the motion judge's lump sum spousal support order, without prejudice to the mother's right to bring another motion for lump sum support, noting that the motions judge's analysis on this issue was lacking and that his approach supported the conclusion that the underlying purpose of his lump sum spousal support award was merely to convert the mother's unpaid equalization payment into lump sum spousal support following the father's bankruptcy.

In Priest, the self - represented appellant Mr. Reilly attempted to appeal a spousal support order made under Part III of the Family Law Act in the Hamilton Superior Court of Justice (Family Court) by proceeding directly to the Court of Appeal.

The amount of spousal support ordered will thus be adjusted upward in many cases to appropriately provide for as spouse who is caring for a disabled child.

If a spousal support order is entered and the child's diagnosis affects the BC spousal support owed, periodic reviews of spousal and child support may be ordered to make sure the appropriate amount of money is still being provided.

What this means is that a Judge can make a child support and / or spousal support Order based on an imputed income, as opposed to the income that is simply listed on a person's CRA Notice of Assessment.

However, the Myers approach does not take into consideration that the objectives of a child support order differ from those of a spousal support order, as statutorily recognized in s. 15.2 (6) of the Divorce Act.

Support Modification and Enforcement / Violation Program Ask the Family Court to change a child or spousal support order because of a «change in circumstances.»

[29] In determining whether the conditions for variation exist, the threshold that must be met before a court may vary a prior spousal support order is articulated in s. 17 (4.1).

(4.1) Before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration.

A court must consider whether there has been a change in the conditions, means, needs or other circumstances of either former spouse since the making of the spousal support order.

While the summary trial judge erred in principle when he failed to apply s. 17 of the Divorce Act in considering variation of the spousal support order, it was clear that there had been a material change in circumstances and the Court agreed with the judge's conclusion that arrears should be cancelled.

In making a spousal support order courts consider several factors, including:

[29] A variation of a spousal support order is governed by s. 17 of the Divorce Act.

If spousal support has been decided under the FLA and the parties then decide to get a divorce, the spousal support order remains in force until the Divorce Act puts a new order in place.

The court can modify (change) a spousal support order upon the request of either spouse.

For instance, whether a spouse has been unfaithful will not be taken into account under the Divorce Act, but it can be a consideration in making a spousal support order under the FLA..

When it comes to developing a theory for spousal support, or to modify an already existing spousal support order, our office has considerable experience in getting clients all that they are entitled to receive.