Sentences with phrase «spouse receiving the support»

It is most often seen as a temporary measure to provide the spouse receiving the support with the time to find a method of supporting themselves or get the necessary training to do so.

In other words, while the court will not terminate spousal support on a specific date, they can set a termination date which will go into effect unless the spouse receiving support applies for an extension prior to that date.

Heft Law has extensive experience working on spousal support in Ontario, striving diligently to ensure spouses receiving support receive all that they are entitled to and those paying support are not overpaying or being taken advantage of.

For the spouse receiving support, the payments count as income and are taxable.

The material change must relate to the ability of the spouse paying support to pay or the needs of the spouse receiving support.

Not exact matches

The biggest sticking point often relates to when the marriage began, which can dictate how assets are divided and whether a spouse receives alimony (also known as spousal support).

If the moneyed spouse has been divorced more than once, will payments to previous spouses and / or children reduce the amount of spousal or child support that a third spouse for instance is likely to receive?

Through such relationships, parents may receive advice and empathy that increases their ability to support their depressed spouse and positively shape his or her parenting behavior.»

Through such relationships, parents may receive advice and empathy that increases their ability to support their depressed spouse and positively shape his or her parenting behavior.»

In contrast, husbands just said they feel frustrated, whether giving support to their spouse or receiving it.

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

Alimony, child support or maintenance income you receive from a former spouse can help you meet a lender's income requirements to qualify for a mortgage loan.

Another benefit of using a Credit Shelter Trust is that your surviving spouse retains the right to receive income from the trust during her lifetime, and can also access funds from it for health, education, maintenance and support reasons.

If you are the custodial parent, you may wonder whether you're better off receiving a larger amount of direct support and paying the third parties yourself, or letting your former spouse make those payments and getting less direct support.

This can ensure that the amount of spousal support agreed upon is enough to help the receiving spouse support him or herself, without overburdening the paying spouse.

A spouse may be awarded alimony after the court considers factors like the financial status of both spouses, whether the parties are able to support themselves, the time and expense necessary for either spouse to receive job or educational training, and the standard of living and duration of the marriage.

There is also precedent supporting the stopping of spousal maintenance payments when the recipient spouse receiving spouse gets an inheritance.

If the parties enter a separation agreement that a supported spouse repudiates prior to court approval, would that supported spouse's post-agreement adultery bar him or her from receiving alimony?

The first part of determining alimony is deciding if a spouse is eligible to receive support from the other.

The formula is modified for spouses with split custody, shared custody or mixed custody; step - parents; spouses with support obligations to a prior spouse or children; spouses with an adult child who receives child support; and situations where the spousal support payor has primary care of the child / children.

«Clear and convincing evidence» is a high standard of proof, but if adultery is established, there may be significant financial consequences for the spouse who cheated, including a bar to receiving permanent spousal support.

So, for example, if the spouses agree (or a court decides) that the supported spouse should receive $ 1000 a month in rehabilitative alimony for 24 months, the paying spouse owes $ 24,000; this can be paid monthly, or in a single lump - sum (paid all at once or in one or more installments).

Now, same - sex married couples may count their spouses as part of their family size even if the spouse does not receive more than half their financial support from the student loan borrower.

Some estimates place the number of divorcing spouses who actually receive spousal support at only 10 - 15 percent.

If the receiving spouse remarries, the obligation to pay spousal support will terminate, however, the paying spouse may need to obtain an order which terminates wage assignments if there is such an order in place.

Before the DOMA case recognized same - sex marriages, same - sex spouses were only counted toward family size as «other individuals» who both lived with the borrower and received more than half their support from the borrower.

If the paying spouse receives a significant raise after the divorce, this raise can not be considered in awarding additional spousal support.

Spousal support payments are usually a tax deduction to the paying spouse, while the receiving spouse must pay taxes on the payments.

• Whether, if the lump - sum award is ordered, the recipient spouse is unlikely to receive any equalization payment or child support payments to which she is entitled.

The receiving spouse also benefits from lump sum spousal support because he / she can take that money and invest it somewhere or buy a property with it and earn interest on it rather than having to wait each month to get paid or be dependent on his / her ex-spouse.

There are also two general rules that apply to such scenarios: 1) retroactive child support extends back three years from the date the paying spouse is given notice (for example by the fact that an application for an adjustment to support is launched with the court), unless there has been blameworthy conduct; and 2) the child must be a «child of the marriage» — and therefore eligible to receive support — at the time the application is made.

Whether the issue is separating from your spouse, filing for divorce, the amount of spousal support you pay or receive, or how often you see your children, these issues will have a profound impact on your financial future and emotional well - being.

In a Collaborative divorce, you will receive support and guidance from team professionals such as divorce coaches who can help you and your spouse process all the strong feelings including grief and anger that are a natural result of divorce.

If you are the spouse who may be entitled to receive spousal support, knowing that your ex has the potential to earn more money in the future could be a strong bargaining tool in getting the best deal that you can get.

Depending on the facts of your case, you or your spouse may be eligible to receive financial support during and after your separation and divorce.

Insufficient spousal support can leave the receiving spouse without the funds necessary to establish a new household or retire with a reasonable standard of living.

In both of these types of support calculations, experienced Vancouver Lump Sum Imputed Income Lawyers know that plugging in the correct income for both the paying and receiving spouse is crucial to avoid mistakes.

Primarily, the court considers whether the receiving spouse is physically or mentally incapacitated to the extent his or her ability to self - support is materially affected.

about the impact that a paying spouse's bankruptcy has on the recipient spouse's entitlement to nonetheless receive either child / spousal support, or an equalization payment as part of a separation or divorce.

As the Court observed in Kerr, the argument for retroactive spousal support would be less convincing where a spouse has already enjoyed the advantages he or she would have received from that support.

Also called post-separation support or spousal support, alimony is tax deductible to the paying spouse (or ex-spouse), and must be reported as income on the tax return of the receiving spouse.

Calgary Imputed Income Support Lawyers ensure both paying and receiving spouses work to their full capacity given their education, skills, work history, health and age.

Thus, a spouse who has committed adultery may not be entitled to receive spousal support upon separation (but can receive APL in the exact same amount once a divorce action is filed).

The DVTO allows people who have used violence against a spouse or partner to take responsibility for their behaviour and receive support and counselling

Spousal support, otherwise known as a Maintenance Award, is a legal agreement to assist «the receiving spouse become financially independent after a divorce.»

Domestic abuse will not impact the amount of money the victim spouse will receive or the support award.

You can see how the mathematical formula for child support becomes excessive and results in a transfer of wealth each month of the surplus to the receiving spouse that does not benefit the child.

However, if the payor is subject to a court order, the spouse receiving spousal support or APL must treat the payments as income for federal tax purposes and the spouse paying the order may deduct the payments in arriving at adjusted gross income.

We act for both the paying and receiving spouses and parents of children to ensure fair child and spousal support is paid.

The determination of how much support a spouse should receive, and for how long, is a complex equation.