CHILD & SPOUSAL SUPPORT CALCULATOR

 THE WITH CHILD SUPPORT FORMULA

The existence of a child support responsibility is the dividing line between the two proposed formulas under the Advisory Guidelines. Where partners have not had children or children have grown up and are on their own, the formula would apply without child support. Where a partner pays child support, the formula for child support may apply.

From a technical point of view, in these situations, there must be a different formula for spousal support, a formula which takes into account the payment of child support and its priority over spousal support, as provided for in s. 15.3 of the Act respecting divorce. In addition, we have to use net rather than gross revenues because of tax and profit problems. In fact, child support benefits typically indicate a decrease in the ability to pay for spousal support. And, logically, the amount and length of spousal assistance where there are already dependent children to be cared for and assisted are different rationales.

In law, in aid statistics, and in jurisprudence, this group of cases dominates. For this group, any guidelines must produce a workable formula for quantity and length, a formula that can change over a wide range of incomes and family conditions. Marriages with dependent children will, for the most part, include spousal support provided by a parent who often provides child support to the partner who receives it. The basic formula is built around this typical situation in this chapter. To accommodate cases of shared and split custody, variations on the basic formula are needed. There are also a significant number of cases in which the spouse paying spousal support has the children's primary parental responsibility. An alternative formula has to be constructed in these custodial payor situations. Finally, we have introduced another hybrid formula, applicable in cases where the only remaining children are away at university or have their child support decided otherwise under the section.

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