This topic has come up lately. I know men that are challenging what they pay because the circumstances have changed – their spouse has recently got married and/or began to work. In other cases women are being paid by their spouse for a certain number of years as they were the primary care giver. It is important that you find out the laws pertaining to your country. The information below pertains to Canada. Nonetheless it will give you some idea of questions you can ask:

DID YOU KNOW THAT NOT LIKE THE FORMAL GUIDELINES WE HAVE FOR CHILD SUPPORT, THERE ARE NO SPECIFIC RULES FOR SPOUSAL SUPPORT UNDER THE DIVORCE ACT.

Each case is different. Unfortunately, you cannot accurately predict who will be paying how much. Either spouse can apply for support.

Some of the factors that will be considered under family law when determining spousal support are:
a. the incomes of the spouses
b. the length of the marriage
c. the roles of the spouses during the marriage

The courts will try to be fair and provide reason to the receiving spouse to become self-supporting.

In the Income Tax Act, spousal support payments are deductible to the paying spouse and included as income by the receiving spouse. However, for these rules to apply, the spousal support payments must be structured as a determined, regular payment, for example, $1,000 monthly. If a payment is not structured, it will not be deductible by the paying spouse. For example, if a former spouse pays a $500 car repair bill for the other spouse, this is not a deductible expense for the paying spouse.

If you have any further question please contact Jay Llave:

Jay Llave
Insurance and Financial Advisor
www.jayllave.com
(416) 545-5317

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