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Difference between revisions of "Introduction to Spousal Support"
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Introduction to Spousal Support (view source)
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{{ | {{REVIEWEDPLS | reviewer = [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= May 2017}} {{Dial-A-Law TOC|expanded = divorce}} | ||
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When a relationship ends, one spouse may seek help from the other with living expenses or to compensate for choices the spouses made during the relationship. Learn about spousal support. | When a relationship ends, one spouse may seek help from the other with living expenses or to compensate for choices the spouses made during the relationship. Learn about spousal support. | ||
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====Which court to go to==== | ====Which court to go to==== | ||
To apply for spousal support under the ''Divorce Act'', or under both laws, the claim must be made in BC Supreme Court. To apply for support under the ''Family Law Act'', the claim can be made in either the Supreme Court or the Provincial Court. Each court has its own forms and rules. For Provincial Court, see our information on [[Family Court ( | To apply for spousal support under the ''Divorce Act'', or under both laws, the claim must be made in BC Supreme Court. To apply for support under the ''Family Law Act'', the claim can be made in either the Supreme Court or the Provincial Court. Each court has its own forms and rules. For Provincial Court, see our information on [[Family Court (No. 110)|Family Court (no. 110)]]. | ||
====Getting “interim” support==== | ====Getting “interim” support==== | ||
While the court case is in progress, either spouse may ask the court for an “'''interim order'''” for spousal support. This is a temporary order meant to last until the case is settled or goes to trial. For more on interim orders, see our information on [[Applying for an Interim Order in a Family Law Case in | While the court case is in progress, either spouse may ask the court for an “'''interim order'''” for spousal support. This is a temporary order meant to last until the case is settled or goes to trial. For more on interim orders, see our information on [[Applying for an Interim Order in a Family Law Case in Supreme Court (No. 112)|applying for an interim order in a family law case in Supreme Court (no. 112)]]. | ||
===Both spouses must provide full financial disclosure=== | ===Both spouses must provide full financial disclosure=== | ||
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Other kinds of support payments — such as payments made in a lump sum or payments made by providing services — are not taxable or deductible. It may be necessary to speak to a lawyer to confirm the tax status of spousal support payments. | Other kinds of support payments — such as payments made in a lump sum or payments made by providing services — are not taxable or deductible. It may be necessary to speak to a lawyer to confirm the tax status of spousal support payments. | ||
The tax consequences of support payments should be taken into account when determining the amount of support that should be paid. For more on this, see our information on [[ | The tax consequences of support payments should be taken into account when determining the amount of support that should be paid. For more on this, see our information on [[Tax Implications of Support Payments (No. 133)|the tax implications of support payments (no. 133)]]. | ||
===What if I’m on income assistance?=== | ===What if I’m on income assistance?=== | ||
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===What can I do if my spouse won’t pay the support?=== | ===What can I do if my spouse won’t pay the support?=== | ||
If your spouse does not pay spousal support as ordered or agreed, the '''Family Maintenance Enforcement Program''' can help free of charge. This BC government program can help you collect support payments that are owed and monitor a support order to make sure payments continue to be made. For more details, see our information on [[Enforcing Orders and Agreements | If your spouse does not pay spousal support as ordered or agreed, the '''Family Maintenance Enforcement Program''' can help free of charge. This BC government program can help you collect support payments that are owed and monitor a support order to make sure payments continue to be made. For more details, see our information on [[Enforcing Support Orders and Agreements (No. 132)|enforcing support orders and agreements (no. 132)]]. | ||
==Get help== | ==Get help== | ||
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:Web: [http://wiki.clicklaw.bc.ca/index.php/Spousal_Support wiki.clicklaw.bc.ca] | :Web: [http://wiki.clicklaw.bc.ca/index.php/Spousal_Support wiki.clicklaw.bc.ca] | ||
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