Spousal and Child Support
Spousal and Child Support Agreements in Vancouver
Divorce, like all family law matters, involves many complicated legal details that you’ll need to handle. A key element of the process of divorce is determining spousal and child support. Vancouver lawyers from the Donald B. Phelps Law Corporation have extensive knowledge of the law that can ensure that every party is completely aware of and meets the full extent of their legal requirements. It’s a good idea to hire a lawyer during this trying time because we ensure your rights are being protected, help you determine who in the relationship is entitled spousal or child support and help you understand the differences between the two.
Key Elements of Spousal Support
Generally, if one partner in a relationship is in a better financial state than the other, that person is required to pay spousal support after the marriage ends. Spousal support is intended to make sure that neither spouse faces economic hardship as a result of a divorce.
Spousal support provides the partner who is in need of support various benefits, such as:
- Maintaining standard of living
- Having access to finances while searching for employment
- Paying tuition for education or training to become self-sufficient
You may be entitled to spousal support based on your ability to live independently of your former spouse. To apply for spousal support, you will have to apply for a court order and then you and your spouse supply financial information to each other and the court to determine if there is a true need for and ability to pay spousal support.
Basics of Child Support in Vancouver
If you and your partner have children and are getting a divorce, child support takes precedent over spousal support. It is the child’s legal right to be supported by both parents, so child support in Vancouver ensures that both parents continue to provide for their children.
The parent entitled to child support is determined by the custody agreement between the parents.
- Sole custody: If one parent has primary custody, he or she is the one handling the expenses required to raise the children so the other parent is required to pay child support.
- Joint custody: If the children spend equal or almost equal time with both parents, it is generally the parent with higher income who will pay child support.
- Split custody: If you and your former spouse each have full custody and residency of your children, payments are offset, meaning you “pay” each other with the lower payment reducing the cost of the higher payment.
The non-custodial or higher income parent is legally required to pay child support while the children are under the age of majority or are unable to live independently due to a number of factors such as illness or disability.