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The Legislation on Family Law

242 bytes added, 16:45, 15 February 2020
Two important statutes, one important regulation and one influential paper
Only the ''[[Divorce Act]]'' deals with divorce, and the ''Divorce Act'' only applies to married spouses. Only the ''[[Family Law Act]]'' deals with the guardianship of children and the division of property and debts, but the ''Family Law Act'' applies to everyone, regardless of the nature of their family relationship. Both statutes deal with parenting children, children's parenting schedules, child support, and spousal support. One of the most important distinctions between the two laws, as we'll talk about later, is how they define important terms like ''spouse'', ''parent'', and ''child''. Depending on the particular law you're dealing with, you may fall inside these definitions or outside of them, and that can have an important impact on your family law problem and the options available to you.
Both the ''Divorce Act'' and the ''Family Law Act'' rely on the [[Child Support Guidelines]] to calculate child support and the payment of children's special or extraordinary expenses. This Child Support The Guidelines is a regulation to the ''Divorce Act.''
Spousal support is usually calculated using the [[Spousal Support Advisory Guidelines]], whether your case is under the ''Divorce Act'' or the ''Family Law Act''. The Advisory Guidelines isn't a statute or a regulation. It is an academic paper that proposes different formulas for calculating the amount of spousal support that should be paid and the length of time it should be paid for. Even though the Advisory Guidelines is a paper, all of Canada's courts have accepted its formulas as a good way to calculate spousal support.
 
This section provides an introduction to the ''Divorce Act'', the ''Family Law Act'', the Child Support Guidelines and the Spousal Support Advisory Guidelines. The next two pages go into the ''Divorce Act'' and the ''Family Law Act'' in a lot more detail.
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