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Recalculation of Spousal support amount. Motion to change.

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  • Recalculation of Spousal support amount. Motion to change.

    Please let me know how does the Jurge decides/calculates during motion to change process the new amount of spousal support to be paid if originally spousal support amount was agreed by the parties in a separation agreement, and after it was set by the court order which was based on oa separation agreement if the recipient has moved out of Canada and standard of living and living expenses at the country where recipient lives now are much lower than Canadian ones.
    Which facts/documents/materials/data Jurge would or could use for calculating of the new amount of spousal support.

    Thank You

  • #2
    It would depend on the basis of why and how much SS was awarded. If you haven't already have a look at the SSAG ( https://www.justice.gc.ca/eng/fl-df/...ag-ldfpae.html ). Also, see if the separation agreement mentioned any reasons for the SS.

    Comment


    • #3
      Ss was agreed by the parties (Jurge didn't make this decision) on certain amount per month for certain number of years. SS Amount depends on amount of payer's gross income only- if payer's income changes- new ss amount would be a certain persentage from the amount of payer's new income. SS amount could be changed if the financial position either party would change.
      From what I see the living expenses in a country where recipient lives are approx 5 time less than living expenses in GTA. Due to that I can assume that there is a material changes in circumstances and there is a change of financial position of the recipient.
      I would like to know which documents/information/data the Jurge would or could use in order to see the changes in a financial position of the recipient in order to make a decision of changing an amount of SS.

      Comment


      • #4
        SS can be based on "compensatory" or "non-compensatory" claims.

        Compensatory is "based either on the recipient’s economic loss or disadvantage as a result of the roles adopted during the marriage or on the recipient’s conferral of an economic benefit on the payor without adequate compensation." An example is a stay at home spouse who didn't work for years while raising children.

        Non-compensatory is based on needs.

        In your case, unless the SS was based on needs, I don't think your ex being in another country makes a difference. Just my 2 cents.

        Others on this forum probably have more insight into this.

        Comment


        • #5
          Thank You for your response and information.
          Please let me know if there would be more ideas or more information concerning calculating or recalculation of SS amount which could be done if there were material changes in circumstances.

          Thank You

          Comment

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