


Needs and Ability to Pay of Payor – Consider net income consequences and large mandatory deductions.Recipient’s Needs – Limited income and/or earning capacity, age.Crossover – Used when child support ceases and a crossover to Without Child Support Formula.

Restructuring – Trade off amount and duration.Determining length of relationship – Use period of cohabitation.Duration will be indefinite ( duration not specified) if the marriage is 20 years or longer, or if the marriage lasted five years or longer, when the years of marriage and age of support recipient (at separation) added together total 65 or more (the rule of 65). 5 to 1 year for each year of cohabitation. The upper end of the maximum range is capped at the amount that would result in equalization of the spouses’ net incomes. Amount ranges from 1.5 to 2% times the income difference between the spouses’ gross incomes times years of cohabitation, to a maximum of 50%.Floors – Income below $20,000/$30,000 requires adjustments.Ceilings – Above $350,000, discretion is used.Imputing Income – A more central issue under SSAGs, particularly recipient spouse and self-sufficiency.clothing, commuting to work etc.) for payor. Do not deduct mandatory pension deductions. Deductions - Include income taxes, EI premiums, CPP and deductions that benefit recipient spouse or children.Caution if lengthy separation or substantial increase in payor income. Timing for determining income – date of hearing or date of agreement.Start with same income as FCSGs, with some adjustments.Application at review and variation – can apply to increase in recipient’s income decreases in payor’s income post-separation increases in payor’s income post-separation reduction in recipient’s income re-partnering/re-marriage second families.Application to interim order/final orders.SSAGs may also assist in analysis in tests set out in Miglin If final agreement can be set aside, SSAGs may apply to setting new spousal support. Application to Agreements – SSAGs do not give power to reopen or override spousal support agreements.Application to Divorce Act, and generally Provincial/Territorial law.See examples of “no entitlement” cases.Basis of entitlement should be identified, including compensatory non-compensatory contractual or a mix.Must have finding (or agreement) before SSAGs considered.BALBI, QC OCTOBER, 2009 WITHOUT CHILD SUPPORT FORMULAįootnote *Page numbers refer to the “Spousal Support Advisory Guidelines” July, 2008. Keep a record of the letter or email you’ve sent.STEPS TO USING THE SPOUSAL SUPPORT ADVISORY GUIDELINESīY LONNY L.Explain what you’d like the credit card company to do, which will usually be to refund the purchase price into your credit card account – be sure to state: “I am making a claim under section 75 of the Consumer Credit Act”.Tell them that you’ve tried to contact the company you bought the goods or services from and what the response has been – if any.Include copies of receipts if you have them (if not, you’ll need some other proof of purchase).

Write to the credit card company, stating what you bought, where and when you bought it and how much you paid.If you pay for something on your credit card and there’s a problem, firstly contact the company you bought it from, to give them a chance to put things right.īut if they don’t reply, or they won’t give you a refund, or it’s clear there’s no point in contacting them (as they have disappeared or gone into liquidation), you can make a claim against your credit card company.
