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  • Interim Child and Spousal Suport and Divorce act

    By reading section 15 of the Divorce Act, I take it, a spouse can submit an application to have an interim judgment of Child and Spousal Support even, if there is no final separation agreement in place?

    Child support
    order
    15.1 (1) A court of competent jurisdiction
    may, on application by either or both spouses,
    make an order requiring a spouse to pay for the
    support of any or all children of the marriage.

    Interim order (2) Where an application is made under subsection
    (1), the court may, on application by either
    or both spouses, make an interim order requiring
    a spouse to pay for the support of any
    or all children of the marriage, pending the determination
    of the application under subsection
    (1).

    Spousal support
    order
    15.2 (1) A court of competent jurisdiction
    may, on application by either or both spouses,
    make an order requiring a spouse to secure or
    pay, or to secure and pay, such lump sum or periodic
    sums, or such lump sum and periodic
    sums, as the court thinks reasonable for the
    support of the other spouse.

    Interim order (2) Where an application is made under subsection
    (1), the court may, on application by either
    or both spouses, make an interim order requiring
    a spouse to secure or pay, or to secure
    and pay, such lump sum or periodic sums, or
    such lump sum and periodic sums, as the court
    thinks reasonable for the support of the other
    spouse, pending the determination

  • #2
    You got it. Temp orders are just that...temporary, until the legal machine is able to get it's gears running to move your case through to a final order.

    Since the legal machine needs quite a bit of grease, it's slow and clunky. Tends to get there eventually but it takes a god awful long time.

    Comment


    • #3
      Originally posted by NBDad View Post
      Since the legal machine needs quite a bit of grease, it's slow and clunky. Tends to get there eventually but it takes a god awful long time.
      ... dedication, understanding, patience, knowledge and unfortunately in many cases... money.

      Comment


      • #4
        Only if you're female...otherwise...just money....

        Comment


        • #5
          If your male.....Squirrel away $10,000 to $20,000 in cash to keep you out of a homeless shelter or your parents basement.

          Keep impeccable and highly organized documentation. If you cannot accomplish this ask a friend to help keep you organized....its that important.

          The other side (and perhaps your lawyer also) will deliberately drag matters out with costly delays and motions. This is how lawyers and judges make their money....Don't forget this and control your file .

          Good luck

          Comment


          • #6
            ALWAYS push towards trial, with the knowledge that less than 2% of cases make it there....how many last minute settlements were reached outside the doors of the trial court room?

            I know mine was. Ballpark guesstimate for cost/timing is 10-20K and 1-3 years for a high conflict case.

            Documentation is absolutely KEY. Being able to refute idiotic affidavits with actual facts....dude, you have no idea how priceless it is.

            Comment


            • #7
              Thanks.

              STBX informed me yesterday that she has instructed her lawyer not to respond to me or my lawyer anymore and has proceeded with court action. She indicated that she will see me in court in 10 days.

              Can't understand how foolish some of these folks are. One item (equalization) is the only contentious issue, everything else is agreeable. But for that one item, she is willing to throwing everything else under the bus.

              Comment

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