Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
_pods_template
lawyer
acf-field-group
acf-field

MacLean Warns That Section 7 Child Support Expenses Impact Spousal Support Amounts

We often have new BC spousal support clients come to us after they have unwisely agreed to a spousal support payment that does not accord with a proper calculation under the Spousal Support Advisory Guidelines. The proper calculation of the Spousal Support Advisory Guidelines really does require a lawyer who focuses on BC family law spousal support and Vancouver alimony cases to properly input and analyze the calculations. Call us at 604 602 9000 if you have a concern on what the proper amount is and if you need help to ensure no mistake is made in your calculation of child support and spousal support.

The Federal Government SSAG website itself even cautions users as follows:

Section 7 expenses and the respective parental contributions have a critical impact upon the spousal support range generated by the formulas. By definition, any payment of s. 7 expenses will reduce the range, even for those expenses like child care that offer some tax break. Further, the correct parental contributions must also be input, especially if the contributions are fixed without respect to the payment of spousal support or fixed on some basis other than incomes after spousal support.

Surprising, lawyers and courts often fail to take s. 7 expenses into account in calculating the spousal support range, with the payor incorrectly paying more spousal support as a result. For just a few cases where s. 7 expenses were not considered, (there are more), see Morey v. Morey, [2009] O.J. No. 1160, 2009 CarswellOnt 1502 (S.C.J.); Boju v. Corr, [2009] O.J. No. 443, 2009 CarswellOnt 563 (S.C.J.); Southcott v. Southcott, [2009] B.C.J. No. 1143, 2009 BCSC 760.