Whether you’re seeking to establish, modify, or enforce child support or spousal support orders, a family law lawyer can help you navigate the guidelines set by Canadian federal law and Saskatchewan’s family law, ensuring fair financial arrangements.
A family law lawyer can provide valuable assistance with child and spousal support matters in various ways:
Legal Expertise: Lawyers are well-versed in family law statutes and regulations regarding child and spousal support. They can explain your rights, responsibilities, and the guidelines for determining appropriate support amounts, whether employment or business income is involved.
Calculations: Lawyers can help calculate fair child and spousal support amounts based on factors such as income, expenses, the needs of the recipients, and the ability of the parent(s) to earn income if under-employment is an issue. Lawyers can obtain the necessary financial and tax documents required to ensure fair amounts for recipients. The three most recent income tax returns and accompanying Notices of Assessment or Re-Assessment from CRA for both parties are almost always required.
Negotiations: If you are in a dispute over support payments, lawyers can negotiate on your behalf to reach agreements that are reasonable and fair to both parties.
Agreements: Lawyers can help draft legally binding agreements outlining child and spousal support arrangements. These agreements can provide clarity and prevent future conflicts by dealing with future circumstances such as post-secondary cost sharing, for example.
Modifications: If circumstances change, such as income or living arrangements, lawyers can guide you through the process of modifying existing support orders to reflect the new situation.
Enforcement: Lawyers can assist in enforcing support orders if one party fails to meet their obligations. They can take legal action to ensure compliance, and involve government agencies if needed.
Mediation: Lawyers can facilitate mediation to help both parties reach mutually agreeable solutions outside of court, avoiding lengthy legal battles and unnecessary cost.
Court Representation: If court involvement is necessary, lawyers can represent you during court proceedings, ensuring your interests are effectively and determinedly presented.
Child’s Best Interests: Lawyers consider the best interests of the child, ensuring support arrangements and parenting schedules are fair and supportive of the child’s needs.
Spousal Support Considerations: For spousal support, lawyers can assess factors like the length of the marriage, financial contributions, available net income, and the recipient’s ability to become financially independent, as well as applicable provincial and federal legislation such as the Spousal Support Advisory Guidelines.
Legal support is crucial to ensuring child and spousal support matters are handled fairly and in compliance with the law. Consulting a lawyer can provide you with the guidance needed to navigate these complex matters successfully.
Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.