Fair Child Support And Spousal Support


Whether we're talking about child support or spousal support or both, this can be a challenging area for spouses to sort out upon separation. It requires them to keep dealing with one another, at a time when many are hoping to start a new stage of their lives.

At the Law Office of Carol A. Allen, we can explain all of your legal rights and obligations, and assist you whether you wish to negotiate support issues or to litigate, if that is the right option for you.

Supporting Children

Child support is not optional. You cannot opt out of paying it, because it's intended for the children, not the parent who is taking care of them.

The amount of support is determined by the Child Support Guidelines. The amount of child support is based upon income, number of children and the province in which you reside.

  • Shared custody: If children spend equal time with both parents child support is based upon a shared parenting calculation where the parent earning the higher income pays a reduced amount of support to the other parent.
  • $150,000.00 or more: If your income is higher or lower than the thresholds set by the Guidelines, or if it is seasonal or highly fluctuating, determining support may be more challenging and based upon a pattern of income.
  • Section 7 and extraordinary expenses: The cost of the children's activities, medical expenses not covered by benefit plans and post secondary may be shared proportionate to parents' incomes.
  • Imputing Income: If you are intentionally unemployed or underemployed, you may still have to pay child support based on imputed income.

Supporting A Spouse

Determining whether a spouse is entitled to spousal support, the amount of spousal support and for how long support should be paid can be a complicated issue. The Spousal Support Advisory Guidelines provide courts and lawyers with a tool that provides a range for support along with a recommendation of the duration that support should be paid. These guidelines are not law and there are exceptions where they should not be applied to certain cases.

You need competent, experienced and knowledgeable advice to explore your legal options and assist you in making the right decisions when dealing with the issue of spousal support, whether you are seeking it or faced with having to pay it.

Retaining a lawyer can present financial obstacles for some people. At our office we understand those obstacles. To assist our clients, we offer reasonable rates, the ability to negotiate a payment plan, and limited retainers for those clients who need a lawyer to do a specific task such as draft pleadings, represent them at a single court appearance or review documents, and provide a first or second opinion.

Contact Carol Allen

We represent clients at all levels of court in Owen Sound, Meaford, Port Elgin and nearby areas.

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