excellent tip sheet by The Hon. Justice Stanley Scherr for presenting spousal support claims. It was previously published in Matrimonial Affairs, the newsletter of the Ontario Bar Association family law section
It is helpful to set out what you will be asking for at the very beginning of your material. For example: Mary and Bob have been married for 22 years. They separated on January 1, 2008. Mary will be seeking indefinite spousal support in the sum of $2,000 per month, which is the upper range of the Spousal Support Advisory Guidelines. Mary asks that the support be ordered retroactive to the date of separation.
Set out the basic information for the support analysis at the beginning of your material. This would include the parties’ ages, the length of marriage, particulars about the children, childcare obligations, levels of education and work history.
You must establish entitlement to spousal support before applying the SSAG. Structure your evidence about entitlement in accordance with the spousal support entitlement category you are claiming (contractual, compensatory and non-compensatory). Use them as headings.
Be sure that the evidence covers the relevant spousal support purposes and considerations set out in the legislation, whether the claim is under the Divorce Act or the Family Law Act
You must establish entitlement to spousal support before applying the SSAG. Structure your evidence about entitlement in accordance with the spousal support entitlement category you are claiming (contractual, compensatory and non-compensatory). Use them as headings.
Be sure that the evidence covers the relevant spousal support purposes and considerations set out in the legislation, whether the claim is under the Divorce Act or the Family Law Act
Set out the reasons, with supporting evidence, about why you want spousal support to be ordered at either the upper or lower end of the SSAG range, or in the appropriate case, outside of the SSAG ranges
If you are making a retroactive claim, address the factors set out in Bremer v. Bremer [2005] Canlii 4191 (OCA):
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