Child Support and Spousal Support
Child Support
Purpose
Child support is intended to ensure that both parents contribute financially to the upbringing and well-being of their children.
Calculation
The amount of child support is typically determined using the Child Support Guidelines, which consider the paying parent’s income, the number of children, and, in some cases, special expenses (such as child care or medical costs).
Obligation
Both parents have an obligation to support their children financially, regardless of their relationship status.
Enforcement
Child support orders are legally enforceable, and mechanisms exist to enforce payment, such as wage garnishments or legal actions.
Duration
Child support is generally payable until the child reaches the age of majority (18 in Ontario), or longer if the child remains dependent due to illness, disability, or pursuing post-secondary education.
Spousal Support
Purpose
Spousal support is designed to address economic disparities between spouses arising from the breakdown of a marriage or common-law relationship.
Calculation
Unlike child support, there are no strict guidelines for calculating spousal support. The determination is influenced by factors such as the length of the marriage, each spouse’s financial situation, and their respective needs.
Obligation
Spousal support is not an automatic entitlement; it depends on factors like financial need and the ability to pay. It is often awarded when there’s a significant difference in the spouses’ incomes or earning capacities.
Enforcement
Spousal support orders are also legally enforceable, and failure to comply may result in legal consequences.
Duration
The duration of spousal support varies. It can be temporary, rehabilitative (to assist the recipient in becoming financially self-sufficient), or indefinite, depending on the circumstances.
Interconnection :
Child support and spousal support are separate obligations, but they can coexist. In some cases, paying child support might impact the ability to pay spousal support, and vice versa.
It's important to note that tax implications may vary for child support (not taxable or deductible) and spousal support (taxable for the recipient, deductible for the payer) under the Income Tax Act.
Content of Marriage Contract
A marriage contract can cover various aspects of the couple’s financial and legal relationship. Common elements include: