The percentage discount rate used to calculate the net present value (lump sum value) of support. Default is 4%, based on estimated long-term inflation and secure interest rate.
Both forms of support are critical in ensuring a fair and equitable resolution following a separation or divorce. There exist two distinct types of spousal support: compensatory and non-compensatory.
The amount of support ranges from 1.5 to 2 per cent of the difference between the spouses' gross income amounts for each year of marriage or cohabitation, up to a maximum of 50 percent, (where 50 percent represents an equalization in income).
Each common law partner keeps what they bought and shared assets are divided equally. A common law partner also has the right to make a claim for unjust enrichment, but this right is expensive, complicated and the results can be uncertain.
Most spousal support calculations are based on the net after-tax income, which means that in order to calculate spousal support, you need to first calculate taxes and benefits.
It is important to note that there is no limitation period to bring a claim for either spousal or child support as long as the person is legally entitled to such support under the applicable legislation; however, applicants are unlikely to successfully claim retroactive child support once they no longer fit under the ...
If both parties agree, they can decide on a date to end support payments. However, if they don't agree, they will have to file an application with the court to terminate payments. If a petition is required, it might help to have the support and guidance of an experienced Ontario family law lawyer.
The court calculates the presumptively correct sum for spousal maintenance by deducting 20% of the requesting spouse's income from 30% of the other spouse's income. The lower figure from the two computations will determine the yearly maintenance award.